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2025 DAILYLAW 43539 (RAJ)

RAMSINGH NAYAK S/O POKHARMAL NAYAK v. STATE OF RAJASTHAN

CRLMB/16162/2025 · 2025-12-18

Anand Sharma

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:51120] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.16162/2025 Ramsingh Nayak S/o Pokharmal Nayak, aged about 47 Years, R/o Village Akhtari Parli, Police Station Pachewal, Distt. Tonk (Raj.). (At present accused-petitioner confined at Central Jail Bharatpur). ----Petitioner Versus State of Rajasthan through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Vijendra Yadav For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 18/12/2025 1. This criminal miscellaneous bail application has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of FIR No.219/2025 registered at Police Station-Bayana, District-Bharatpur, for the offences punishable under Sections 318(4), 338, 336(3), 340(2), 61(2)(a) & 323 of Bharatiya Nyaya Sanhita, 2023. 2. It is submitted by the learned counsel for the petitioner that the petitioner is not the original purchaser of the truck-in- question and bonafidely purchased the truck on the basis of registration certificate shown by the earlier owner to the petitioner. Thereafter, after purchasing the truck, he also applied for transfer of registration and the truck-in-question has been registered in his name on 15.04.2025, where the registration [2025:RJ-JP:51120] (2 of 3) [CRLMB-16162/2025] number of the truck has been shown as RJ-31-GB-2813. However, the FIR has been lodged by the finance company stating therein that the original owner of the truck has committed certain forgeries. 3. Learned counsel for the petitioner further submits that no offences as alleged in the FIR has been committed by the petitioner and his name is also not shown in FIR. He is behind the Bars since 27.10.2025, therefore, the accused-petitioner may be allowed to be enlarged on bail. 4. Learned Public Prosecutor has vehemently opposed the present bail application. 5. Considered the submissions made at Bar. 6. In the view of above fact that the petitioner was rather 4th owner of the truck and has purchased the truck on the basis of details given by the earlier owner and after purchasing the truck he has also got the registration transferred in his name in the Office of RTO, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail. 7. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Ramsingh Nayak S/o Pokharmal Nayak shall be released on bail in pursuance of FIR No.219/2025 registered at Police Station-Bayana, District-Bharatpur on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:- [2025:RJ-JP:51120] (3 of 3) [CRLMB-16162/2025] (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court. (ANAND SHARMA),J DAKSH/251