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2025 DAILYLAW 5948 (RAJ)

VIJENDRA @ BHURA S/O RAMPAL v. STATE OF RAJASTHAN

CRLMB/1786/2025 · 2025-02-04

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:6184] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1786/2025 Vijendra @ Bhura S/o Rampal, Aged About 30 Years, R/o Birar, Police Station Kaman, District Deeg, Rajasthan. (At Present Confined In Sub Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sanjay Khan For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/02/2025 1. The instant bail application has been filed under Section 483 of BNSS., on behalf of the petitioner, who has been arrested in connection with FIR No.569/2024 registered at Police Station Kaman, District Deeg (Raj.) for the offences punishable under Sections 121(1), 132, 109(1) of BNS, Sections 3 & 25(6) of Arms Act. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 121(1), 132, 109(1), 3(5) of BNS, Sections 3, 25(6) & 5/27 of Arms Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that main allegation of opening gunfire upon the police party is against accused-Suresh. The only allegation against the petitioner is that the petitioner was carrying cartridge (kartoos) on his back with which, the accused-Suresh [2025:RJ-JP:6184] (2 of 3) [CRLMB-1786/2025] fired gun-shot on the police party. With these submissions, learned counsel craves indulgence of bail for the accused petitioner. Petitioner is in custody since 19.09.2024 & there are no criminal antecedents of similar nature against him. Charge-sheet has been filed & trial of the case will take time in its conclusion. Counsel further submits that no purpose would be served by keeping the petitioner behind the bars for an indefinite time period. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. He submits that there is serious allegation against the petitioner & co-accused Suresh that they opened gunfire upon the police party, thus looking to the seriousness of the allegations, bail should not be granted to the petitioner. 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 both the parties, as also the fact that as per the prosecution case, the allegation of firing gun-shot is against accused Suresh; trial will take time in its conclusion; absence of criminal antecedents of similar offence as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Vijendra @ Bhura S/o Rampal, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with [2025:RJ-JP:6184] (3 of 3) [CRLMB-1786/2025] 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 he 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 observation 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 /364