SUPRIYO MUKHERJEE S/O SRIMANTA KUMAR MUKHERJEE v. STATE OF RAJASTHAN
CRLMB/11898/2025 · 2025-10-06
Pramil Kumar Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46690 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46690 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:40469] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11898/2025 Supriyo Mukherjee S/o Srimanta Kumar Mukherjee, R/o Surighat Lane Binduwasnipada, Chandan Nagar, District Hooghly, West Bengal (At Present Accused Confined In District Jail Dholpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Pankaj Gupta For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON’BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 06/10/2025
1. The petitioner has filed this bail application under Section 483 of BNSS in FIR No.301/2025 registered at Police Station Sadar Dholpur, District Dholpur for offence under Sections 204, 205, 318(2) and 336(3) of BNS-2023.
2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.
3. The allegation against the petitioner is that he was driving the vehicle wearing the police uniform and using the stars in his car and on questioning he identified himself as officer of the National Security Force but failed to produce any I.D. and during search of his vehicle, four different IDs and few air guns were recovered from his possession.
4.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further
[2025:RJ-JP:40469] (2 of 3) [CRLMB-11898/2025] submits that impersonating a public servant by wearing their garb or carrying their token with fraudulent intent under Section 205 of BNS is bailable in nature. No criminal intent has been reflected during investigation except that the petitioner has used the police uniform and ID to avoid paying toll taxes while during investigation, the petitioner himself disclosed that his sole purpose for wearing the uniform and using the fake IDs was only to avoid toll taxes and to impress the public. Learned counsel argued that no individual has come forward alleging any wrongful gain or loss by using the said IDs and police uniform. The police has not sent the so called recovered four IDs for examination to National Forensic Laboratory by which it can be inferred that that the petitioner has used the forged documents while during investigation, the petitioner himself disclosed that his sole purpose for wearing the uniform and using the fake IDs was only to avoid toll taxes and to impress the public. The maximum punishment of forgery is provided 7 years which is triable by Magistrate. The petitioner is behind the bars since 27.8.2025 and investigation has been completed. The trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody and the bail application of the petitioner may be allowed.
5. Learned Public Prosecutor has vehemently opposed the bail application.
6. On consideration of the rival submissions and material available on record and in the light of submission made by
learned counsel for the petitioner but without expressing any
[2025:RJ-JP:40469] (3 of 3) [CRLMB-11898/2025] opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner.
7. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner Supriyo Mukherjee S/o Srimanta Kumar Mukherjee be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court on all subsequent dates of hearing till conclusion of the trial.
(PRAMIL KUMAR MATHUR),J bmg/146