Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 48638 (RAJ)

MUKESH KUMAR SHARMA @ KANDA S/O SHRI ROOP KISHORE SHARMA v. STATE OF RAJASTHAN

CRLMB/12550/2025 · 2025-10-15

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:42741] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 12550/2025 Mukesh Kumar Sharma @ Kanda S/o Shri Roop Kishore Sharma, Aged About 28 Years, R/o Village Puchri Nagar, District Bharatpur. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajeev Kumar Sogarwal For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/10/2025 1 The present 2nd bail application under Section 483 of BNSS is filed by the applicant-accused Mukesh Kumar Sharma @ Kanda S/o Shri Roop Kishore Sharma, seeking bail in respect of a criminal case registered as FIR No. 258/2025 dated 06.06.2025 registered at P.S. Vidhyadhar Nagar, District – Jaipur City (North), for the offence under Sections 304(2) of BNS. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2025:RJ-JP:42741] (2 of 3) [CRLMB-12550/2025] 3. Learned counsel for applicant submits that first bail application is dismissed as withdrawn on 20.08.2025 and now, a charge-sheet has been filed against petitioner who is in custody since his arrest on 14.07.2025. He further submits that the offence is triable by Magistrate and the report clearly indicate that same is registered against unknown persons. He further referred the police investigation and submitted that no identification was taken place during investigation. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 06.06.2025, two unknown bikers have snatched a chain of victim and report is registered. During investigation, present applicant was arrested and after investigation a charge-sheet is filed against him. The material on record clearly indicate that 9 criminal cases were registered against applicant and 5 are of similar nature registered at different police stations of Jaipur whereas two under Sections 392 and one under Section 395 of IPC. It is apparent on record that applicant is regularly indulging in criminal activities. 7. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. [2025:RJ-JP:42741] (3 of 3) [CRLMB-12550/2025] 8. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 9. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Mukesh Kumar Sharma @ Kanda S/o Shri Roop Kishore Sharma is hereby dismissed. (ASHOK KUMAR JAIN),J MONU /04