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[2025:RJ-JP:11445] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3493/2025 Ankesh S/o Naresh, Aged About 24 Years, R/o Near Old Chambal Pul, Bar Ka Pura, Police Station Kotwali, Dholpur-Raj. (At Present Confined In District Jail Dholpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Yogesh Singhal, Ms. Saroj Singh For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 12/03/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.571/2023 registered at Police Station Kotwali Dholpur, District Dholpur for the offence(s) under Sections 147, 148, 149, 341, 323, 504, 452, 307 and 302 of IPC.
2.
Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the material eye witnesses and the complainant in their statements rendered under Section 161 of Cr.P.C., have not named the accused-petitioner. The allegations of causing death of deceased Shila is specifically attributed to other co-accused Bhura. The similarly placed other co-accused namely: Dhruv, Satish Giri and Kanha have already been enlarged on bail by this Court and the case of the accused-petitioner is not
[2025:RJ-JP:11445] (2 of 2) [CRLMB-3493/2025] distinguishable from the case of the other co-accused who have enlarged on bail. The accused-petitioner is in custody since long and 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 contended that the name of the accused-petitioner is specifically mentioned in the FIR lodged by complainant Ashok. The other eye witnesses namely: Giriraj, Aarti, Guddi, Savitri, Bindo and Bishanpuri have named the accused-petitioner in their statements rendered under Section 161 of Cr.P.C. It is also contended that due to sudden assault, as many as 11 persons were injured due to grievous injury, deceased Sheela died, therefore, considering the statements of the eye witnesses, the bail application of the accused-petitioner may be dismissed.
4. Heard and perused the material available on record.
5. The bail application of the other co-accused Dhruv, Satish Giri and Kanha were allowed on the ground that their names were not mentioned in the FIR. The name of the present accused- petitioner is specifically mentioned in the FIR and subsequently the eye witnesses have also named the accused-petitioner in assaulting the injured and deceased, therefore, considering the above facts, this Court is not inclined to enlarged the accused- petitioner on bail.
6. Accordingly, the bail application of the accused-petitioner is hereby, dismissed.
(PRAVEER BHATNAGAR),J Keshav/36