Shurveer Singh vs State Of Rajasthan (2025:Rj-Jd:18298)
2025 Latest Caselaw 11302 Raj

Rajasthan High Court - Jodhpur

Shurveer Singh vs State Of Rajasthan (2025:Rj-Jd:18298) on 9 April, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:18298]

          HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
     S.B. Criminal Miscellaneous II Bail Application No. 2790/2025

 Shurveer Singh S/o Ram Singh, Aged About 19 Years, R/o
 Kundiwada Debari, P.s. Pratap Nagar, Dist Udaipur (Raj.)
 (Presently Lodged In Dist Jail Udaipur)
                                                                      ----Petitioner
                                       Versus
 State Of Rajasthan, Through Pp
                                                                    ----Respondent


For Petitioner(s)            :     Mr. Vijay Kumar
For Respondent(s)            :     Mr. Vikram Rajpurohit, Dy.G.A.
                                   Mr. Ravindra Singh, AGA
                                   Mr. Sri Ram Choudhary, PP



                  HON'BLE MR. JUSTICE FARJAND ALI

Order

09/04/2025

1. The jurisdiction of this Court has been invoked by way of

filing an application under Section 439 Cr.P.C. at the instance

of accused-petitioner. The requisite details of the matter are

tabulated herein below:

S.No.                         Particulars of the Case

     2.    Concerned Police Station                    Pratap Nagar
     3.    District                                    Udaipur
     4.    Offences alleged in the FIR                 Under Sections 137(2) of
                                                          BNS
     5.    Offences added, if any                      Under Sections 103(1) of
                                                          BNS

6. Date of passing of impugned 04.02.2025 order

2. It is contended on behalf of the accused-petitioner that no

case for the alleged offences is made out against him and his

[2025:RJ-JD:18298] (2 of 3) [CRLMB-2790/2025]

incarceration is not warranted. There are no factors at play in

the case at hand that may work against grant of bail to the

accused-petitioner and he has been made an accused based

on conjectures and surmises.

3. Contrary to the submissions of learned counsel for the

petitioner, learned Public Prosecutor opposes the bail

application and submits that the present case is not fit for

enlargement of accused on bail.

4. I have considered the submissions made by both the parties

and have perused the material available on record.

5. This is the second bail application, the previous bail was

dismissed by this Court on 17.12.2024 while giving him an

opportunity to renew the prayer after the statement of two

prosecution witnesses Vinay Salwi and Roop Singh are

recorded in the trial. Both are examined now. I have gone

minutely through the statement so also material as made

available to this Court.

The eye witness account of the incident is not available

on record and the entire case of the prosecution hinges upon

some circumstances for which it is stated that the same are

neither definite in tendency nor conclusive in nature and if

taken together the cumulative effect would not be the guilt of

the accused. Taking guidance from the judgment passed by

Hon'ble the Supreme Court in case of Ashish Batham Vs.

State of Madhya Pradesh, (2002)7SCC317, coupled with

the fact of the case and the quality of material collected so

far as well as period of incarceration suffered by petitioner till

[2025:RJ-JD:18298] (3 of 3) [CRLMB-2790/2025]

now, it is felt that the concession of bail be granted to the

petitioner. There is high probability that the trial may take

long time to conclude. In light of these facts and

circumstances, it is deemed suitable to grant the benefit of

bail to the petitioner in the present matter.

6. Accordingly, the instant bail application under Section 439

Cr.P.C. is allowed and it is ordered that the accused-petitioner

as named in the cause title 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 as and when called

upon to do so.

(FARJAND ALI),J 62-chhavi/-

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