DHARAM SINGH @ DHARMA S/O SHRI GULAB SINGH v. STATE OF RAJASTHAN
CRLMB/1056/2025 · 2025-03-03
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 4383 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4383 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:9016] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1056/2025 Dharam Singh @ Dharma S/o Shri Gulab Singh, R/o Village Lakhan Pengor, Police Statin Kumher, District Bharatpur ( Raj.) ( At Present Confined At Central Jail Bharatur) ----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Nikhlesh Katara Mr. Vishnu Kumar Sharma For Respondent(s) : Mr. Sudesh Kumar Saini, PP Mr. Navankur Dubey HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 03/03/2025
1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.443/2024 registered at Police Station Sewar, District Bharatpur for the offences punishable under Sections 189(2), 115(2), 126(2), 324(4), 324(5), 307 and 109(1) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 189(2), 115(2), 126(2), 110, 111(6), 190 & 117(2) of BNS, 2023 and Section 3 of the Prevention of Damage to Public Property (in short ‘PDPP’) Act.
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 the maximum punishment for the
[2025:RJ-JP:9016] (2 of 3) [CRLMB-1056/2025] alleged offence is seven years. Petitioner is in custody since
15.01.2025. It is submitted that co-accused person namely Bhupendra Singh has been granted bail by this court. Charge- sheet has already been filed in this matter and trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the bail application and submits that six other cases has been registered against 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 petitioner, as also the fact that maximum punishment for the alleged offences is seven years & co-accused person has been granted bail by this court; charge-sheet has been filed in this matter 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. This bail application is accordingly allowed and it is directed that accused-petitioner-Dharam Singh @ Dharma S/o Shri Gulab Singh, 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
[2025:RJ-JP:9016] (3 of 3) [CRLMB-1056/2025] do so. 7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9.
If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court. 10. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /28