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2025 DAILYLAW 41647 (RAJ)

CHANDRAPRAKASH @ GOLU S/O PANCHURAM v. STATE OF RAJASTHAN

CRLMB/12284/2025 · 2025-09-26

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:39744] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12284/2025 Chandraprakash @ Golu S/o Panchuram, R/o Near Government School, Prem Nagar Third, Police Station Udyog Nagar, Kota (Ra- jasthan) (At Present Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Anushree Sharma For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt. G.A. Mr. Prakash Jha HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 26/09/2025 1. This bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.173/2025 registered at Police Station Anantpura, District Kota City (Rajasthan) for offences punishable under Sections 115(2), 126(2), 109(1), 333, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter for offences punishable under Sections 115(2), 126(2), 333, 189(2), 191(2) and 117(2) of BNS, 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that initially, FIR was registered for offences punishable under Sections 115(2) of BNS (Corresponding [2025:RJ-JP:39744] (2 of 3) [CRLMB-12284/2025] to Section 323 of IPC), 126(2) of BNS (Corresponding to Section 341 of IPC), 333 of BNS (Corresponding to Section 452 of IPC), 109(1) of BNS (Corresponding to Section 307 of IPC), 303(2) of BNS (Corresponding to Section 379 of IPC) and 3(5) of BNS (Corresponding to Section 34 of IPC). Now, police has filed charge-sheet for offences punishable under Sections 115(2), 126(2), 333, 191(2) of BNS (Corresponding to Section 147 of IPC), 189(2) of BNS (Corresponding to Section 142 of IPC) and 117(2) of BNS (Corresponding to Section 325 of IPC). It is submitted that offence under Section 109(1) of BNS has not been found proved against the petitioner by the Investigating Agency and now, after filing of charge-sheet, only non-bailable offence is Section 333 of BNS, 2023 (Corresponding to Section 452 IPC). Counsel submits that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 16.07.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by learned counsel for the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially considering the material available on record in the form of charge-sheet, as also considering the fact that now, after filing of charge-sheet, only [2025:RJ-JP:39744] (3 of 3) [CRLMB-12284/2025] non-bailable offence is Section 333 of BNS, 2023 (Corresponding to Section 452 IPC), so also the fact that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. 6. This bail application is accordingly allowed and it is directed that accused-petitioner -Chandraprakash @ Golu S/o Panchuram shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /69