Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 9470 (RAJ)

BRIJSUNDAR YADAV @ BRIJ SUNDAR YADAV S/O LATE SHRI GENDILAL AHIR v. STATE OF RAJASTHAN

CRLMB/3146/2025 · 2025-06-13

Anand Sharma V J

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:23181] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3146/2025 Brijsundar Yadav @ Brij Sundar Yadav S/o Late Shri Gendilal Ahir, Aged About 59 Years, R/o Ummedpura, Police Station Budhadeet, District Kota Rural, Presently Resident Of House No. 8B 2, Mahaveer Nagar Vistar Yojna, Police Station Mahaveer Nagar, Kota (Raj.). (The Accused Petitioner Presently Confined At Central Jail, Jaipur). ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta with Mr. Rahul Sharma, Mr. Utkarsh Goyal & Mr. Aamir Khan For Respondent(s) : Mr. Rajesh Choudhary, G.A-cum-AAG Mr. Sanjay Mehrish Mr. Rakesh Babu HON'BLE MR. JUSTICE ANAND SHARMA (V. J.) Order 13/06/2025 1. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the accused-petitioner in respect of F.I.R. No.425/2024 registered at Police Station Mahaveer Nagar District Kota City for the offences punishable under Sections 318(2), 308(2), 316(2), 338, 336(3), 340(2) & 61(2)(A) of B.N.S. 2023. 2. Learned counsel for the accused-petitioner submits that the allegations levelled against him in the FIR are triable by Magistrate. He further submits that the accused-petitioner has falsely been implicated in the FIR, whereas, he has not committed any offence alleged against him. Civil litigation is already going on between the parties and the document alleged to be forged is also a subject-matter of civil litigation which can be better decided by competent Court. [2025:RJ-JP:23181] (2 of 2) [CRLMB-3146/2025] 3. Learned counsel for the accused-petitioner further submits that in the instant matter charge-sheet has been filed. He is no longer required for custodial interrogation. Trial is likely to take considerably long time, therefore, the accused-petitioner may be allowed to enlarge on bail. 4. Learned Public Prosecutor has vehemently opposed the bail application. 5. Considered the submissions made at Bar. 6. In view of above, without making any comment over the merits of the case, I am inclined to grant the bail application. 7. Accordingly, the Bail Application is hereby allowed. The accused-petitioner Brijsundar Yadav @ Brij Sundar Yadav S/o Late Shri Gendilal Ahir shall be released on bail in pursuance of F.I.R. No.425/2024 registered at Police Station Mahaveer Nagar District Kota City on furnishing a personal bond of Rs.1,00,000/- along with two sureties of the like amount. That apart, the accused-petitioner shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court. 8. In case of failure of observance of the conditions, a ground for cancellation of bail would arise. (ANAND SHARMA (V. J.)),J DAKSH/43