Allowed

Attar Singh Son of Sadhuram, v. State of Rajasthan

Rajasthan HC10 Jan 2025CRLMP/8403/2024

Case brief

AI extract

What is this about?

Petition challenging the bank guarantee condition imposed on release of a seized tractor in an FIR under BNS offences. Following a Co-ordinate Bench ruling that removed such conditions, the High Court allowed the petition and deleted the bank guarantee requirement.

What did the court decide?

Bank guarantee condition of Rs.2,50,000/- removed; vehicle released on other conditions in the impugned order.

Attar Singh Son of Sadhuram, Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

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[2025:RJ-JP:1678]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous (Petition) No. 8403/2024

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Attar Singh Son Of Sadhuram, Resident Of Basna Tan Holwas, Tehsil Bansur, District Kotputli Behror.

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Jai Raj Tantia, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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10/01/2025

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This petition has been filed for modification of the order dated 30.11.2024 passed by learned Additional Chief Judicial Magistrate, Bansur in FIR No. 345/2024 registered at Police Station Bansur, District Kotputli, Behror, whereby, while allowing the application of the petitioner order to release Tractor No. RJ-02-RF-2453 has imposed a condition for furnishing bank guarantee of Rs.2,50,000/-.

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Learned counsel for the petitioner submits that an FIR for the offences punishable under Sections 281 & 125(a) of BNS has been registered. In that FIR, Tractor No. RJ-02-RF-2453 has been seized. Learned trial Court has allowed the application for release of the vehicle in favour of the petitioner but furnished a bank guarantee of Rs.2,50,000/-, which is liable to be quashed.

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Learned counsel for the petitioner has placed reliance of the judgment passed by the Co-ordinate Bench of this Court in S.B.

(2 of 2)

[2025:RJ-JP:1678]

[CRLMP-8403/2024]

Criminal Miscellaneous Petition No. 7010/2023 titled as Anil Vs. State of Rajasthan passed on 19.03.2024 , in which the condition of furnishing bank guarantee has been removed.

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Learned Public Prosecutor has opposed the prayer made by learned counsel for the petitioner.

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Heard learned counsel for the petitioner and perused the material available on record.

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As the FIR relates to offences under Section 281 & 125(a) of BNS and considering the fact that Co-ordinate Bench of this Court in the case of Anil (supra) referred hereinabove has removed the condition of furnishing bank guarantee while releasing the vehicle. 7. This Court does not want to take a different view, therefore, the petition is allowed. The order impugned dated 30.11.2024 is modified and the condition of furnishing the bank guarantee is removed. The vehicle shall be released on other conditions as mentioned in the order impugned dated 30.11.2024.

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(ASHUTOSH KUMAR),J

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Mohita /171

Attar Singh Son of Sadhuram, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Attar Singh Son of Sadhuram, v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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