DILIP CHAND S/O SHRI BIHARI LAL v. STATE OF RAJASTHAN
CRLMB/6075/2025 · 2025-12-16
Anand Sharma
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 40561 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40561 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:50737] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.6075/2025 Dilip Chand S/o Shri Bihari Lal, R/o House No.94, Lane No.2, Govindpuri, Police Station Govindpuri, New Delhi, Presently residing at K-59/5 Kalka Ji, Govindpuri, New Delhi. ----Accused-Petitioner Versus State of Rajasthan through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Sahil Duseja on behalf of Mr. Dinesh Kala For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA
Order 16/12/2025
1. This criminal miscellaneous bail application has been filed by the petitioner under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of FIR No.254/2014 registered at Police Station-Chiksana, District-Bharatpur, for the offences punishable under Sections 4 & 5 of Explosive Substances Act, 1908 and Sections 5, 5(a) & 6 of Indian Explosives Act, 1884.
2. It is stated by learned counsel for the petitioner that pursuant to FIR No.254/2014 registered at Police Station- Chiksana, District-Bharatpur, no notice or summons were ever served upon the petitioner, therefore, he was not aware of lodging of FIR against him.
3.
Learned counsel for the petitioner further submits that so far as other co-accused Dilip, Pramod and Munnilal are
[2025:RJ-JP:50737] (2 of 3) [CRLMB-6075/2025] concerned, charge-sheet has been filed and they were tried before the trial Court and have been acquitted of all the charges vide
judgment dated 10.07.2017 for offences under Sections 4 & 5 of Explosive Substances Act, 1908 and Section 5/9B of Indian Explosives Act, 1884, however, trial against the petitioner has been kept pending as earlier the charge-sheet against the petitioner was filed under Section 299 Cr.P.C.
4.
Learned counsel for the petitioner also submitted that he has got instructions to undertake before the Court that the petitioner is willing to co-operate in the trial proceedings and shall comply with each and every condition put for his presence before the trial Court.
5. Learned Public Prosecutor opposed the present bail application and submitted that earlier charge-sheet under Section 299 Cr.P.C., was filed against the petitioner and he was absconding, therefore, benefit of anticipatory bail cannot be granted to an absconder.
6. I have heard learned counsel for the parties and perused the record.
7. This court finds that no document whatsoever has been placed before this Court to show as to whether any notice or summons were ever served upon the petitioner in relation to FIR No.254/2014. In the facts and circumstances, where the other co- accused, after holding a full fledged trial have been acquitted of the charges against them as well as considering the intention shown by the petitioner to co-operate with trial proceedings, this Court deems it just and proper to direct the petitioner to appear
[2025:RJ-JP:50737] (3 of 3) [CRLMB-6075/2025] before the trial Court on or before 23rd December, 2025, where he shall submit his personal bonds/bail bonds as per satisfaction of the trial Court and shall also abide by all the conditions which shall be put by learned trial Court while accepting his bail bonds.
8. Accordingly, the present bail application is disposed of.
(ANAND SHARMA),J DAKSH/415