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2026 DAILYLAW 2170 (RAJ)

HEMANT GURJAR @ HEMRAJ GURJAR S/O PRAKASH CHAND GURJAR v. STATE OF RAJASTHAN

CRLMB/5477/2026 · 2026-04-20

Praveer Bhatnagar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:16636] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5477/2026 Hemant Gurjar @ Hemraj Gurjar S/o Prakash Chand Gurjar, Aged About 24 Years, R/o Gopalya Ki Dhani, Village Sar Kalighati, Police Station Daulatpura, District Jaipur (Raj.) (At Present In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jaivardhan Singh Shekhawat, Adv. Mr. Rohan Singh, Adv. Mr. Anil Agarwal, Adv. For Respondent(s) : Mr. Vivek Chaudhary, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/04/2026 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.18/2026, registered at Police Station Daulatpura (Jaipur Ajmer Highway), District Jaipur (West), for the offence(s) under Sections 109(1), 3(5), 118(2) of BNS and Section 3/25(1AB), 27 of Arms Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is contended that the petitioner did not use any firearm and no recovery was effected from the possession of the petitioner. It is also contended that in the Parcha Bayan, the injured has disclosed that two unnamed persons fired at him; however, later in the statement recorded under Section 183 of BNSS, the injured has [2026:RJ-JP:16636] (2 of 3) [CRLMB-5477/2026] implicated the petitioner and shown a rifle in his possession, however, no gun/rifle has been recovered from the petitioner's possession. The recovery of firearm was effected from the other co-accused, the accused-petitioner is in custody since 18.02.2026 and the investigation/trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application and submitted the factual report. 4. Heard and perused the material available on record. 5. In the Parcha Bayan of the deceased, the deceased has stated that two unknown persons fired and they were with the petitioner, there is no allegation in the Parcha Bayan against the petitioner except the fact that the complainant demanded money from the petitioner and the petitioner denied to return the same. Therefore, considering that the recovery of firearm was effected from the other co-accused and without expressing anything on the merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner- Hemant Gurjar @ Hemraj Gurjar S/o Prakash Chand Gurjar, in connection with FIR No.18/2026, registered at Police Station Daulatpura (Jaipur Ajmer Highway), District Jaipur (West), shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when [2026:RJ-JP:16636] (3 of 3) [CRLMB-5477/2026] called upon to do so. The learned trial Judge shall also verify the address and the contact details of the surety through concerned S.H.O. before releasing the accused-petitioner on bail. 7. The accused-petitioner is also directed to mark his presence on 25th of every month before the concerned Police Station till conclusion of the trial. The SHO of the concerned Police Station is directed to maintain a regular register marking the presence of the accused-petitioner and shall send the presence report of the accused-petitioner on the same day to the concerned trial Court every month without any delay. 8. The accused-petitioner is directed to submit his present address along with his mobile number to the concerned S.H.O. within 7 days from his release and the concerned S.H.O. shall verify the said address and the mobile number. In case if the petitioner changes his address or mobile number he shall submit the same before the concerned S.H.O. and also before the concerned learned trial Court. In case of any breach of the aforementioned conditions, the learned Public Prosecutor shall be free to move the application against the accused-petitioner for cancellation of the bail before the concerned Court. 9. A copy of this order shall be sent to the concerned S.H.O. for its strict compliance. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-35