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2025 DAILYLAW 44908 (RAJ)

RAMSINGH S/O MANGYA v. STATE OF RAJASTHAN

CRLMB/15491/2025 · 2025-12-03

Vinod Kumar Bharwani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:49171] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15490/2025 Satish Chand S/o Chhitarmal, R/o Village Lalita Mundiya, P.s Halena, Distt. Bharatpur. ----Petitioner Versus 1. State Of Rajasthan, Through PP 2. Amit Kumar S/o Kartarsingh, R/o Village Lalita Mundiya, P.s. Halena, District Bharatpur (Raj.) ----Respondents Connected With S.B. Criminal Miscellaneous Bail Application No. 15491/2025 1. Ramsingh S/o Mangya, R/o Village Lalita Mundiya P.s. Halena, Distt. Bharatpur. 2. Rakesh S/o Mansingh, R/o Village Lalita Mundiya P.s. Halena, Distt. Bharatpur. ----Petitioners Versus 1. State Of Rajasthan, Through PP 2. Amit Kumar S/o Kartarsingh, R/o Village Lalita Mundiya, P.s. Halena, District Bharatpur (Raj.) ----Respondents For Petitioner(s) : Mr. Ambrish Vashishtha For Respondent(s) : Mr. Onkar Singh Rajpurohit, P.P. Mr. Arvind Sharma HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 03/12/2025 1. The present bail applications have been filed under Section 482 B.N.S.S. on behalf of the accused-petitioners, namely Satish Chand S/o Chhitarmal, Ramsingh S/o Mangya & Rakesh S/o [2025:RJ-JP:49171] (2 of 3) [CRLMB-15490/2025] Mansingh, in connection with FIR No.104/2025 registered at Police Station Halena, District Bharatpur for the offence(s) under Section(s) 189(2), 115(2), 126(2), 118(2) & 127(2) of B.N.S. 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have been falsely implicated in this case and they have nothing to do with the alleged offence(s). Counsel further submits that an F.I.R. bearing No.102/2025 was registered at Police Station Halena District Bharatpur by the petitioners against the complainant, and, as a counterblast to the aforesaid F.I.R., the present F.I.R. has been lodged by the complainant against the present petitioners with vague allegations. Trial is likely to take long time to conclude. Their custodial interrogation would not be required for any purpose in the matter. 3. Learned Public Prosecutor and learned counsel for the complainant-respondent have vehemently opposed the bail application and submitted that the petitioners along with other co-accused persons, assaulted the complainant, namely Amit Kumar, as a result of which complainant sustained multiple injuries. Out of said injuries, Injury No.3 has been found to be grievous in nature, caused by a sharp-edged weapon. It is further pointed out that the petitioners have been specifically named as accused in the F.I.R. 4. Having considered the totality of the facts & circumstances of the case, and perusal of the complainant’s statement, it is evident that direct allegations have been made against the petitioners, asserting their involvement in causing several injuries including grievous injury (Injury No.3) caused by a sharp-edged weapon. [2025:RJ-JP:49171] (3 of 3) [CRLMB-15490/2025] 5. 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 an accused in order to enable the investigation to proceed without hindrance and prevent the disappearance of the accused. 6. 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-petitioners. 7. Accordingly, the instant bail applications filed under Section 482 B.N.S.S. is dismissed. (VINOD KUMAR BHARWANI),J SAURABH /172-173