SONU @ MONU @ AJAY S/O AJEET SINGH v. THE STATE OF RAJASTHAN
CRLMB/2329/2024 · 2026-03-23
Sameer Jain
Transfer Petitionbody2026
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[ 2026 DAILYLAW 1803 (RAJ) · dailylaw.ai ]
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[ 2026 DAILYLAW 1803 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:12076] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2329/2024 Sonu @ Monu @ Ajay S/o Ajeet Singh, R/o Mothuka Tahsil Bansur District Kotaputli Bahrod (Accused Petitioner Is In Sub Jail Bahror) ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Mithun Bai with Mr. Jai Kishan Singh Mr. Saurabh Yadav For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Vivek Sharma, PP Mr. Satvir Singh, IPS, SP Kotputli, Behror HON'BLE MR. JUSTICE SAMEER JAIN
Order 23/03/2026
1. The instant bail application has been filed under Section 439 Cr.P.C on behalf of the accused-applicant. The accused- applicant was arrested in connection with FIR No.713/2022 registered at Police Station Bansur, District Alwar for the offences u/s 143, 323, 341, 307, 506 of the IPC.
2.
Learned counsel for the accused-applicant submits that the applicant filed second bail application under Section 438 CrPC in S.B. Cr. Misc. Second Bail Application No.9757/2023, wherein interim protection was granted to the applicant vide order dated 29.08.2023. It is further submitted that despite interim protection, the applicant has been arrested by the Investigating
[2026:RJ-JP:12076] (2 of 3) [CRLMB-2329/2024] Officer which shows great disregard to the order passed by the Co-ordinate Bench of this Court.
3. Per contra, learned Public Prosecutor has vehemently opposed the present bail application.
4. Heard and considered.
5. Upon bare perusal of the order dated 16.03.2026 passed by this Court, it has been observed that categorical directions has been issued to the Superintendent of Police, Kotputli to remain personally present before the Court and to justify the action of arresting the applicant in spite of the interim protection from arrest granted by the Co-ordinate Bench of this Court vide order dated 20.12.2024.
6. In compliance of the order dated 16.03.2026, the Superintendent of Police has marked his presence before the Court and tendered an unconditional apology. It is submitted that on account of lack of communication between the office of the learned Public Prosecutor, as well as absence of any communication from the side of the applicant, the applicant came to be arrested notwithstanding the subsistence of the interim
order passed by the Co-ordinate Bench of this Court. It is further submitted that the said lapse was bona fide and inadvertent and has given an oral undertaking before this Court that the same shall not be repeated.
7. Having heard the arguments advanced by the learned counsel for the parties and considering and looking to the overall
facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is not inclined to enlarge the accused-applicant on bail.
[2026:RJ-JP:12076] (3 of 3) [CRLMB-2329/2024]
8. Accordingly, the bail application under Section 439 Cr.P.C. stands dismissed.
(SAMEER JAIN),J RINCHU /31