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2025 DAILYLAW 47381 (RAJ)

HARIOM S/O BRAJMOHAN v. STATE OF RAJASTHAN

CRLMB/11420/2025 · 2025-10-15

Anand Sharma

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:42208] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11420/2025 1. Hariom S/o Brajmohan, R/o Village Sogar, Police Station Kumher, District Deeg (Raj.) (At Present Accused In Judicial Custody At District Bharatpur). 2. Naresh Kumar S/o Bheem Singh, R/o Nangla Nau, Post Sunari, Police Station Chiksana, District Bharatpur (Raj.) (At Present Accused In Judicial Custody At District Bharatpur). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Balveer Singh Beniwal, Adv. For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 15/10/2025 1. This criminal misc. bail application has been filed by the petitioners under Section 483 of BNSS, 2023 in respect of FIR No.442/2025 registered at Police Station Sewar, District Bharatpur for the offences punishable under Section 3 and 7 of the Essential Commodities Act, 1955. 2. Learned counsel for the petitioners submits that the investigation in the instant matter has been completed by the Police Authorities and the fertilizer in question has already been recovered. No further recovery is to be made from the petitioners and after completion of investigation, charge-sheet has been filed by the Police Authorities. The offences against the petitioners are [2025:RJ-JP:42208] (2 of 3) [CRLMB-11420/2025] triable by Magistrate. Hence, a prayer has been made to grant bail to the petitioners. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Considered the submissions made at Bar. 5. In view of the fact that the offences alleged against the petitioners are triable by Magistrate and charge-sheet has been filed after conducting the investigation, recovery of fertilizer in question has already been made and no further recovery is to be made from the petitioners, this Court, without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioners on bail. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioners (1) Hariom S/o Brajmohan and (2) Naresh Kumar S/o Bheem Singh shall be released on bail in pursuance of FIR No. 442/2025 registered at Police Station Sewar, District Bharatpur on each of them furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioners shall also follow the conditions as under:- (i) They shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) They shall not leave the country without prior permission of the Court. [2025:RJ-JP:42208] (3 of 3) [CRLMB-11420/2025] (iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence is exempted by the trial Court. (ANAND SHARMA),J Jatin /98