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2025 DAILYLAW 5460 (RAJ)

MAHENDRA YADAV S/O SHRI LAXMINARAYAN YADAV v. STATE OF RAJASTHAN

CRLMB/1592/2025 · 2025-03-05

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:9807] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1590/2025 Sunil Yadav S/o Shri Nanchu Yadav, Aged About 23 Years, R/o Nevdi Ahiro Ki Dhani, Jaitpura, Tehsil Chomu Anantpura, District Jaipur - Rajasthan. (Presently Confined At Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1591/2025 Suraj Yadav S/o Shri Bhagirath Yadav, Aged About 25 Years, R/o Nevdi Ahiro Ki Dhani, Jaitpura, Tehsil Chomu Anantpura, District Jaipur - Rajasthan. (Presently Confined At Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 1592/2025 Mahendra Yadav S/o Shri Laxminarayan Yadav, Aged About 35 Years, R/o 110, Vikas Nagar, Sweet Red Road Public School, Ajmer Road, Jaipur- Rajasthan. (Presently Confined At Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abhas Chowdhary For Respondent(s) : Mr. M.S. Shekhawat, PP Mr. Mukesh Kumar Saini HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 05/03/2025 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.16/2025 registered at Police [2025:RJ-JP:9807] (2 of 3) [CRLMB-1590/2025] Station Kalwar, District Jaipur City (West) (Raj.) for the offences punishable under Sections 189(2), 115(2), 127(2) & 140(3) of BNS. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 189(2), 115(2), 127(2), 140(3), 190, 191(2) & 333 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 false allegation of kidnapping has been levelled against the petitioners. He submits that as per the averments made in the FIR, there is some family dispute between the complainant & other co-accused persons. It is submitted that alleged offences are triable by Magistrate. Petitioners are in custody since their date of arrest & there are no criminal antecedents against them. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by 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 the fact that alleged offences are triable by Magistrate; trial of the case will take considerable time; absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the [2025:RJ-JP:9807] (3 of 3) [CRLMB-1590/2025] merits/demerits of the case, I deem it proper to allow the bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1) Sunil Yadav S/o Shri Nanchu Yadav, 2) Suraj Yadav S/o Shri Bhagirath Yadav & 3) Mahendra Yadav S/o Shri Laxminarayan Yadav shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (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. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /45-47