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2025 DAILYLAW 11639 (RAJ)

KAMLESH BIJARNIYA S/O JAGDISH BIJARNIYA v. STATE OF RAJASTHAN

CRLMB/3978/2025 · 2025-03-24

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:13203] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2283/2025 Rahul Verma S/o Arjunlal, Aged About 23 Years, R/o Dhalyawas, Police Station Jajod, District Sikar (At Present Accused Petitioner Confined In District Jail Sikar) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3978/2025 Kamlesh Bijarniya S/o Jagdish Bijarniya, Aged About 18 Years, R/o Khedi Jajod, Police Station Jajod, District Sikar (Rajasthan) (Accused Confined In Sub Jail, Srimadhopur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Suresh Kumar Dhenwal Mr. Ram Manohar Sharma For Respondent(s) : Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 24/03/2025 These instant bail applications have been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No. 158/2024 registered at Police Station Jajod, District Sikar for the offence(s) under Sections 109(2) of BNS and Section 3/25 of Arms Act Learned counsel for the petitioners submit that the accused- petitioners have falsely been implicated in this case. It is contended that the name of the present petitioners i.e. Rahul and [2025:RJ-JP:13203] (2 of 2) [CRLMB-2283/2025] Kamlesh did not appear in the parchabayan of the injured Ramavtar. Later on the name of the petitioners have been added in the alleged crime, petitioners did not commit any offence. The complainant has also changed his version in the parchabayan and FIR complainant named Narendra as assailant, but in the statement rendered under Section 180 of BNSS he named the present petitioners as the assailants. There are no criminal antecedents against the accused-petitioners, the age of the petitioner Kamlesh is 18 years. Accused-petitioners are behind the bar since long and trial of the case will take considerable time. Therefore, the benefit of bail may be granted to the accused- petitioners. Per contra, learned Public Prosecutor opposed these bail applications and submitted the factual report. Same is taken on record. Heard and perused the material available on the record. It is not desirable to express anything on the merits of the case. The material witnesses Yash, Ravi Kumar, Rohitash and Ramavtar including complainant named the petitioners in the alleged crime. At the instance of the petitioner Kamlesh a fire arm was recovered, similarly at the instance of petitioner Rahul three cartridges were recovered, therefore considering the entire material available on the record, this court is not inclined to enlarge the accused-petitioners on bail. Accordingly, these instant bail applications are hereby dismissed. (PRAVEER BHATNAGAR),J ashu /29-30