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2025 DAILYLAW 46571 (RAJ)

BABLI @ VIRENDRA SINGH S/O SHIVLAL PUJARI v. STATE OF RAJASTHAN

CRLMB/10681/2025 · 2025-10-30

Sameer Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:43557] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IIIrd Bail Application No. 10681/2025 Babli @ Virendra Singh S/o Shivlal Pujari, Aged About 27 Years, R/o Village Mullaka, Police Station Kaman, District Deeg. (At Present Confined In Sub Jail, Deeg). ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rinesh Kumar Gupta with Mr. Gaurav Sharma For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Ms. Arti Sharma Mr. Harendra Singh HON'BLE MR. JUSTICE SAMEER JAIN Order 30/10/2025 1. The instant third bail application has been filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 342/2021 registered at Police Station Kaman District Bharatpur for the offence(s) under Sections 147, 148, 149, 323, 341, 307, 302 & 120-B of IPC and Section 3/25 of Arms Act. 2. Learned counsel for the petitioner has submitted that the co- accused persons Sahab Singh, Rameshwar, Hari Singh, Shivhari, Balraj & Bhagat Singh have already been enlarged on bail by the Coordinate Bench of this Court, after rejection of second bail, and after considering of various ground and facts and circumstances which are akin to the present applicant. It is submitted that [2025:RJ-JP:43557] (2 of 2) [CRLMB-10681/2025] applicant has a distinct role than the main specifically alleged accused as in FIR. Learned counsel further submits that the conclusion of trial is likely to take a long time and no useful purpose would be served by keeping the accused-applicant behind bars till disposal of the case. 3. Learned counsel for respondent-complainant is not able to convincingly distinguish between the grant of bail to the co- accused and the stance of the applicant. 4. Per contra, learned Public Prosecutor has vehemently opposed the bail application. 5. Considering the arguments advanced by the counsel for the parties, taking note of the length of custody that starts from 21.07.2023, maintaining parity and as the stance of the applicant is identical to Sahab Singh, who is enlarged on bail and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the third bail application of the accused-applicant and enlarge him on bail. 6. Accordingly, the third bail application under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 is allowed and it is ordered that accused-applicant Babli @ Virendra Singh S/o Shivlal Pujari shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SAMEER JAIN),J GAURAV SHARMA /225