CHANDKESH @ LUKKA @ SHIVA S/O SHIMBHU v. THE STATE OF RAJASTHAN
CRLMB/3716/2026 · 2026-03-23
Pramil Kumar Mathur
Transfer Petitionbody2026
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[ 2026 DAILYLAW 5062 (RAJ) · dailylaw.ai ]
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[ 2026 DAILYLAW 5062 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:12070] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3716/2026
1. Chandkesh @ Lukka @ Shiva S/o Shimbhu, Aged About 20 Years, R/o Bagad Colony Sirsoda Road, Town Rupbas, Police Station Rupbas, District Bharatpur. (At Present Confined In District Jail, Bharatpur).
2. Gurjar S/o Yogendra, Aged About 18 Years 4 Months, R/o Bagad Colony, Rupbas, Police Station Rupbas, District Bharatpur. (At Present Confined In District Jail, Bharatpur).
3. Saurabh S/o Yogendra, Aged About 19 Years 2 Months, R/o Bagad Colony, Rupbas, Police Station Rupbas, District Bharatpur. (At Present Confined In District Jail, Bharatpur). ----Petitioners Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abhishek Jhingonia For Respondent(s) : Mr. Tapesh Agarwal, PP with Mr. Gaurav Gupta, AGA HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 23/03/2026
1.
Learned counsel for the petitioners, Gurjar and Saurabh, seeks permission to withdraw the present bail application.
2. Accordingly, the bail application filed on behalf of the petitioners, Gurjar and Saurabh, is dismissed as withdrawn.
3. The petitioner-Chandkesh @ Lukka @ Shiva has preferred this bail application under Section 483 of BNSS in FIR
[2026:RJ-JP:12070] (2 of 3) [CRLMB-3716/2026] No.352/2025 registered at Police Station Roopbas, District Bharatpur for offences under Section 312 of BNS, 2023.
4. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.
5.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Though there are allegation of inflicting injury by use of firearms but none of the injuries have been opined to be dangerous to life as per the medical opinion. No test identification parade was conducted. The statement of the injured has been recorded before the learned Trial Court. Co-accused-Gurjar and Sourabh have been enlarged on bail by Coordinate Bench of this Court on 26.02.2026. Petitioner is behind the bars since 14.11.2025 without any criminal past. The trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, consequently, the bail application deserves to be allowed.
6. Learned Public Prosecutor has vehemently opposed the bail application.
7. On consideration of the rival submissions and material available on record and in light of submission made by learned counsel for the petitioner but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner.
8. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner Chandkesh @ Lukka @ Shiva S/o Shimbhu, be released on
[2026:RJ-JP:12070] (3 of 3) [CRLMB-3716/2026] bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court on all subsequent dates of hearing till conclusion of the trial.
(PRAMIL KUMAR MATHUR),J Arun/74