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2025 DAILYLAW 41314 (RAJ)

BABLU S/O BHAGWAN SINGH v. THE STATE OF RAJASTHAN

CRLMB/14958/2025 · 2025-12-19

Vinod Kumar Bharwani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:51418] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14958/2025 Bablu S/o Bhagwan Singh, Aged About 35 Years, R/o Milakpur, Police Station Uchchain, District Bharatpur. ----Petitioner Versus The State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Asgar Khan For Respondent(s) : Mr. Amit Gupta, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 19/12/2025 1. The present bail application has been filed under Section 482 of B.N.S.S. on behalf of the accused-petitioner, namely Bablu S/o Bhagwan Singh, in connection with FIR No.77/2025 registered at Police Station Uchhain, District Bharatpur for the offence(s) under Section(s) 115(2), 126(2), 352, 351(2), 117(2), 118(2) & 3(5) of B.N.S. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case, he has nothing to do with the alleged offence(s). Counsel further submits that a cross-FIR No.72/2025 has also been lodged by the petitioner at Police Station Uchhain, District Bharatpur. The impugned FIR has been lodged only to harass and humiliate the present accused-petitioner. His custodial interrogation would not [2025:RJ-JP:51418] (2 of 3) [CRLMB-14958/2025] be required for any purpose in the matter. Therefore, the bail application deserves to be allowed. 3. Per contra, learned Public Prosecutor has vehemently opposed the anticipatory bail application and submitted that the injured, namely Om Prakash has sustained injuries and, in his statement, has specifically alleged that the present petitioner, namely Bablu, assaulted him with a stick. It is further submitted that the petitioner has been named in the FIR and serious allegations have been levelled against him. Thus, the bail application filed under Section 482 of B.N.S.S. deserves to be dismissed. 4. Heard learned counsel for the parties and perused the material made available on record. 5. Considering the overall facts & circumstances of the case, the nature of allegations, the statement of the injured, namely Om Prakash, and the fact that the petitioner has been specifically named in the FIR with a specific role attributed to him, this Court does not find it to be a fit case for granting anticipatory bail to the petitioner at this stage. 6. It is well settled that the power exercisable under Section 482 of B.N.S.S. is somewhat extraordinary in character and it is only in exceptional cases where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence, is not likely to otherwise misuse his liberty. It is also well settled that ordinarily, arrest is a part of the process of investigation intended to secure several purposes and it may be necessary to curtail the freedom of [2025:RJ-JP:51418] (3 of 3) [CRLMB-14958/2025] an accused in order to enable the investigation to proceed without hindrance and prevent the disappearance of the accused. 7. Thus, without commenting upon the merits/demerits of the case, this Court does not deem it appropriate to grant the benefit of pre-arrest bail to the accused-petitioner. 8. Accordingly, the instant bail application filed under Section 482 of B.N.S.S. is dismissed. (VINOD KUMAR BHARWANI),J SAURABH /08