VISHNU KUMAR S/O BHAGWAN SAHAI v. STATE OF RAJASTHAN
CRLMB/1604/2025 · 2025-03-04
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5461 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5461 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:9960] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1603/2025 Aditya @ Golya S/o Chotelal, Aged About 20 Years, R/o Rehdiya, P.s. Kolva (Confined In Dausa Jail). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1604/2025
1. Vishnu Kumar S/o Bhagwan Sahai, Aged About 31 Years, R/o Khund Jatoli, P.s. Baswa, District Dausa. (Rajasthan). (Confined In Dausa Jail).
2. Shivprasad S/o Gopiram, Aged About 38 Years, R/o Kundyaal, P.s. Pratapgarh, District Alwar, (Rajasthan) (Confined In Dausa Jail). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Hemant Kankoriya Mr. Ajay Kumar Sharma 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.145/2024 registered at Police Station Sainthal, District Dausa for the offences under Sections 109(1), 115(2), 126(2), 324(5), 324(6), 303(2) & 131 of BNS and Sections 3, 25 & 25(6) of Arms Act. Investigation is being conducted for offences punishable under Sections 109(1), 115(2), 126(2), 324(5), 324(6), 131, 49, 61(2), 111(2) & 111(4) of BNS and Sections 3/25 & 3/25(6) of Arms Act.
[2025:RJ-JP:9960] (2 of 3) [CRLMB-1603/2025]
2.
Learned counsel for the petitioners want to withdraw this bail application to the extent of petitioner Shivprasad.
3. Accordingly, the bail application is dismissed as withdrawn qua the petitioner Shivprasad.
4. So far as petitioners Aditya and Vishnu Kumar are concerned, learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Learned counsel submit that petitioners are not named in the FIR and they have been made accused solely on the basis of interrogation of co- accused. It is submitted that petitioners have no criminal antecedents and they are in custody since 29.12.2024 & 11.01.2025 respectively. Further custody of the petitioners would not serve any fruitful purpose. Trial will take time in its conclusion.
5. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners.
6. I have considered the contentions.
7. 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 petitioners are not named in the FIR; they have no criminal antecedents; trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications.
8. These bail applications are accordingly allowed and it is
directed that accused-petitioners (1) Aditya @ Golya S/o Chotelal, & (2) Vishnu Kumar S/o Bhagwan Sahai, shall be released on bail provided each of them furnishes a personal bond
[2025:RJ-JP:9960] (3 of 3) [CRLMB-1603/2025] 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.
(ANIL KUMAR UPMAN),J CHARU SONI /127-128