SANJAY @ SANTOSH S/O PREMSINGH v. STATE OF RAJASTHAN
CRLMB/1688/2025 · 2025-03-17
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 5645 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5645 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:11913] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 688/2025 Virisingh S/o Chhotelal, Aged About 55 Years, R/o Nyamadpur, Police Station Halena, District Bharatpur (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1688/2025 Sanjay @ Santosh S/o Premsingh, Aged About 35 Years, R/o Nyamadpur, Police Station Halena, District Bharatpur (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sarthak Saxena Ms. Reena Gurjar For Respondent(s) : Ms. Arti Sharma, PP with Mr. Shubham Sain, AAAG Ms. Anukriti Sharma Ms. Swadha Bhargava for Dr. Mahesh Sharma, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 17/03/2025
1. These pre-arrest bail applications have been filed under Section 482 BNSS filed on behalf of the petitioners, who are having apprehension of arrest in FIR No.328/2024 registered at Police Station Halena, District Bharatpur for the offences under Sections 189(2), 115(2), 126(2), 352 & 326(c) of BNS.
[2025:RJ-JP:11913] (2 of 3) [CRLMB-688/2025] Investigation is being conducted for offences under Sections 115(2), 126(2), 333, 118(2) & 3(5) of BNS.
2.
Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. It is submitted that allegation of causing grievous injury is against co-accused Sunil who has been granted regular bail by learned trial court. It is contended that only one abrasion measuring 2.5 cm, caused by blunt object, is found on the person of complainant. It is contended that petitioners have no criminal antecedents. Custodial interrogation of the petitioners is not required in this matter.
3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by counsel for the petitioners.
4.
Learned counsel for the complainant submit that petitioners are duly named in the FIR and they actively participated in commission of offence.
5. I have considered the contentions.
6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by the counsel for the petitioners as also role attributed to the petitioners and considering the fact that allegation of causing grievous injury is against co-accused Sunil, who has been granted regular bail by learned trial court; petitioners have no criminal antecedents, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these pre-arrest bail applications.
7. These anticipatory bail applications are allowed. The S.H.O/I.O/Arresting Officer, Police Station Halena, District
[2025:RJ-JP:11913] (3 of 3) [CRLMB-688/2025] Bharatpur in FIR No. 328/2024 is directed that in the event of arrest of the petitioners - (1) Virisingh S/o Chhotelal, & (2) Sanjay @ Santosh S/o Premsingh, they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs. 25,000/- each to their satisfaction on the following conditions:- (i). that the petitioners shall make themselves available for interrogation by a police officer as and when required; (ii). that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii). that the petitioners shall not leave India without previous permission of the court.
(ANIL KUMAR UPMAN),J CHARU SONI /265-266