LAKHAN KATARA S/O KUNWARSAIN v. STATE OF RAJASTHAN
CRLMB/2463/2025 · 2025-02-19
Anil Kumar Upman
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 7406 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7406 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:7201] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 2463/2025 Lakhan Katara S/o Kunwarsain, Aged About 24 Years, R/o Tamrer, Police Station Kumher, District Deeg (Raj.) (At Present Confined At Central Jail Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Nikhlesh Katara, through V.C. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 19/02/2025
1. The second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.755/2024 registered at Police Station Kumher, District Deeg for the offences punishable under Sections 190, 191(2), 115(2), 126(2) & 109(1) of BNS, Sections 3 & 25(6) of Arms Act.
2. The first bail application (No.14442/2024) was dismissed as withdrawn by this Court vide order dated 02.12.2024 with liberty to renew the prayer of bail after filing of result of investigation. Now, charge-sheet has been filed in this matter. Thus, this second bail application has been preferred.
3. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. Learned counsel submits that no allegation has been levelled against the petitioner
[2025:RJ-JP:7201] (2 of 3) [CRLMB-2463/2025] of causing firearm injury. He submits that main allegation of causing firearm injury is against co-accused-Neeraj whose bail application is dismissed as withdrawn by this court today itself. Petitioner is in custody since 03.11.2024 & there are no criminal antecedents against him. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.
4. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner.
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 learned counsel for the petitioners as also considering the material available on record and the fact that allegation of causing firearm injury is against co-accused-Neeraj; trial will take time in its conclusion; absence of criminal antecedents 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 second bail application.
7. This second bail application is accordingly allowed and it is
directed that accused-petitioner – Lakhan Katara S/o Kunwarsain shall be released on bail provided, he 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 he shall appear before that Court and any Court to which the matter is
[2025:RJ-JP:7201] (3 of 3) [CRLMB-2463/2025] transferred, on all subsequent dates of hearing and as and when called upon to do so.
8. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence once in three months in the concerned police station, till trial is concluded.
9. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his 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.
10. 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 him by this Court.
11. 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 /44