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2025 DAILYLAW 4555 (RAJ)

RAMKARAN S/O SUGARAM v. STATE OF RAJASTHAN

CRLMB/1144/2025 · 2025-03-04

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:9588] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1144/2025 Ramkaran S/o Sugaram, Aged About 45 Years, R/o Dhani Misrala Tan Khokhari Police Station Basdayal District Kotputli Behror. (Accused In Sub Jail Behror). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jai Raj Tantia, Adv. For Respondent(s) For Complainant(s) : : Mr. M.S. Shekhawat, PP and Mr. Vijay Singh, Adv. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/03/2025 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.03/2025 registered at Police Station Basdayal, District Kotputli-Behror for the offences punishable under Sections 189(2), 115(2), 126(2), 74 and 333 of BNS, 2023. Investigation is being conducted in this matter for the offences punishable under Sections 189(2), 115(2), 126(2), 74, 333 and 110 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 at initial stage, when victim was examined by the medical expert, all the injuries sustained by injured were opined as simple in nature and opinion was given on the basis of x-ray report. He further submits that maximum [2025:RJ-JP:9588] (2 of 3) [CRLMB-1144/2025] punishment for the alleged offences is seven years. There are no criminal antecedents against the petitioner and trial of the case will take considerable time in its conclusion. He contends that the petitioner is in custody since 09.01.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by the learned counsel for the petitioner. Learned counsel for the complainant submits that according to the CT Scan report, linear fracture can be seen in midline of frontal bone extending into superior wall of left orbit. 4. At this stage, learned counsel for the petitioner submits that said CT Scan is not part of the case diary. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties so also considering the material made available on record in the form of case diary as well as CT Scan report submitted by learned counsel for the complainant; absence of criminal antecedents; trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner - Ramkaran S/o Sugaram 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 [2025:RJ-JP:9588] (3 of 3) [CRLMB-1144/2025] 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. (ANIL KUMAR UPMAN),J MADAN/105