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2025 DAILYLAW 15957 (RAJ)

SANDEEP KUMAR S/O NETRAM v. STATE OF RAJASTHAN

CRLMB/5280/2025 · 2025-05-12

Ashutosh Kumar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:19859] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5280/2025 Sandeep Kumar S/o Netram, Aged About 24 Years, R/o Silati Tan Mandana, Police Babaee, Tehsil Khetri, District Jhunjhunu, Rajasthan. (Presently Confined In Central Jail, Jhunjhunu). ----Accused/Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant : Mr. Dharmendra Kumar, Adv. on behalf of Mr. Kapil Gupta, Adv. For Respondent : Mr. Vivek Sharma, Addl.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 12/05/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 05.04.2025 passed by learned Additional Sessions Judge No.1, Khetri in Criminal Misc. Case No.84/2025 arising out of FIR No.112/2024, registered at Police Station Babai, District Neem Ka Thana for the offences punishable under Sections 190, 191(2), 126(2) and 115(2) of B.N.S., 2023 by which the bail application of the accused-applicant under Section 483 of B.N.S.S., 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel for the accused-applicant also submits that in this [2025:RJ-JP:19859] (2 of 3) [CRLMB-5280/2025] case, the injured-Moolchand has sustained nine injuries and these injuries have been found to be caused by a sharp weapon. Though, in the impugned FIR, the present accused-applicant has been said to be armed with a sharp weapon 'Kulhara', however, in his statements recorded under Section 180 of B.N.S.S., 2023, the injured-Moolchand stated that the present accused-applicant caused injury on his back by rod. Learned counsel further submits that no injury on the back has been found to be caused to the injured-Moolchand. 3. Learned counsel for the accused-applicant contends that the other co-accused-Ashok Kumar has already been enlarged on bail by the Coordinate Bench of this Court vide order dated 21.02.2025 (S.B. Criminal Miscellaneous Bail Application No.291/2025). Learned counsel also contends that two other co- accused persons namely Vijay Kumar @ Bijju and Subash Chand have already been enlarged on bail by learned trial Court and case of the present accused-applicant is not distinguishable from them. Learned counsel further contends that the present accused- applicant was arrested on 06.12.2024 and since then, he is behind the bars and trial will take long time to conclude, therefore, the accused-applicant be granted benefit of bail. 4. Learned counsel for the accused-applicant argues that no other criminal case has been found to be registered against the accused-applicant. Learned counsel also argues that the allegation of causing injuries to the injured-Moolcand, which are dangerous to life, has been attributed to the co-accused Surendra Singh and not to the present accused-applicant. [2025:RJ-JP:19859] (3 of 3) [CRLMB-5280/2025] 5. Learned Additional Government Advocate vehemently opposes this bail application. 6. Heard learned counsel for the parties and also perused the material available on record. 7. Having regard to the facts and circumstances of the case; considering the period of custody of the accused-applicant and also considering the fact that the co-accused persons have already been enlarged on bail, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant. 8. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Sandeep Kumar S/o Netram, arrested in connection with FIR No.112/2024, registered at Police Station Babai, District Neem Ka Thana shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent attested sureties of Rs.25,000/- each to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /177