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2025 DAILYLAW 5452 (RAJ)

VISHNU KUSHWAHA @ LAXMAN S/O SHRI RAJU KUSHWAHA v. STATE OF RAJASTHAN

CRLMB/1528/2025 · 2025-03-04

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:9711] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1528/2025 Vishnu Kushwaha @ Laxman S/o Shri Raju Kushwaha, Aged About 19 Years, R/o Mandi Mirja Khan, Police Station Fatehpur Sikri, Tehsil Kirawali, District Agra (U.p.) At Present Resident Of Bikni School Ke Paas, Rampura Road, Police Station Muhana, Jaipur City South. (At Present Petitioner Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1529/2025 Om Prakash Sharma S/o Shri Chatrulal, Aged About 48 Years, R/o House No. 71, Shyam Enclave Vatika Road, Shri Ram Ji Nangal Police Station Sanganer Sadar, Jaipur South (Presently Confined At Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 1842/2025 Abhishek Dhakar S/o Sh. Mahendra Dhakar, Aged About 19 Years, R/o Gram Harnagar, Police Station Bayana, District Bharatpur, At Present House No. 116, Balaji Vihar A, Rampura Road, Police Station Muhana, Jaipur South. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. K.L. Meena Mr. Mohd. Akeel Khan Mr. Ravindra Kumar Tomar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/03/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.42/2025 registered at Police Station [2025:RJ-JP:9711] (2 of 3) [CRLMB-1528/2025] Muhana, District Jaipur City (South) for the offences under Sections 331(4) & 305(a) of BNS. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that alleged offences are triable by Magistrate. It is submitted that recovery has already been made and no further recovery or interrogation is required from the petitioners. It is argued that petitioners have no criminal antecedents and they are in custody since 14.01.2025. Further custody of the petitioners would not serve any fruitful purpose. Trial will take time in its conclusion. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, as also considering the fact that alleged offences are triable by Magistrate; petitioners have no criminal antecedents as well as looking the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Vishnu Kushwaha @ Laxman S/o Shri Raju Kushwaha, (2) Om Prakash Sharma S/o Shri Chatrulal, & (3) Abhishek Dhakar S/o Sh. Mahendra Dhakar, shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- [2025:RJ-JP:9711] (3 of 3) [CRLMB-1528/2025] (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to them by this Court. (ANIL KUMAR UPMAN),J CHARU SONI /123-125