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2025 DAILYLAW 49682 (RAJ)

PAWAN SAINI @ MONU S/O HEMRAJ SINI v. STATE OF RAJASTHAN

CRLMB/13516/2025 · 2025-11-07

Sameer Jain

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:44659] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13516/2025 Pawan Saini @ Monu S/o Hemraj Sini, Aged About 20 Years, R/o Bansur, Police Station Bansur, District Kotputli-Behror, At Present Lodged In The Central Jail, Alwar. ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Non-Applicant For Applicant(s) : Mr. Ashvin Garg For Non-Applicant(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 07/11/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 201/2025 registered at Police Station Bansur, District Kotputli-Behror for the offence(s) under Section 103(1) of BNS, 2023 and Sections 3, 25, 25(6), 5 and 27 of the Arms Act. 2. Learned counsel for the accused-applicant has submitted that applicant is aged approximately 20 years and has been falsely implicated in the matter, as his name was neither specified in the FIR nor in the statements tendered by any of the witnesses. It is submitted that applicant is implicated on the basis of the statements of co-accused (Krishan Pahalwan) on account of vindictiveness moreover, no weapon has been recovered till date. It is submitted that qua the antecedent referred, applicant is [2025:RJ-JP:44659] (2 of 2) [CRLMB-13516/2025] already bailed out, nevertheless, qua the applicant no test identification parade has been carried out, during the course of investigation. 3. Per contra, learned Public Prosecutor has stoutly opposed the instant bail application and has submitted that FIR is not encyclopedia, there are recorded allegations stating that 5-6 persons have used guns at the crime scene to commit the offence at hand. It is submitted that the matter is heinous in nature and antecedents are reflected under Section 109 of BNS, which is also reflects that a reformative approach is required qua the applicant. 4. Heard and considered. 5. Considering the overall facts, taking note of the fact that in the matter at hand allegations of heinous nature are leveled; that in the contents of FIR allegations vis-a-vis five-seven persons attacking the victim are leveled, which per-se has a severe impact upon the victim; that the criminal antecedents registered against the applicant are of gruesome nature, this Court is not inclined to enlarge the accused-applicant on bail. 6. Accordingly, the bail application under Section 483 BNSS is dismissed. (SAMEER JAIN),J DEEPAK/127