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2025 DAILYLAW 20245 (RAJ)

PAPPU @ JADNAR S/O SHIVCHARAN v. STATE OF RAJASTHAN

CRLMB/6999/2025 · 2025-09-18

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:39311] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6999/2025 Pappu @ Jadnar S/o Shivcharan, R/o Bhavutipura, Police Station Sone Ka Gurja, District Dholpur-Raj. (At Present Confined In Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jagmohan Bhardwaj For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Pappu @ Jadnar S/o Shivcharan, seeking bail in respect of a criminal case registered as FIR No.65/2008 dated 04.09.2008 registered at P.S. Basai Dang, District - Dholpur, for the offence under Sections 147, 148, 149, 307, 395, 436, 363 and 366 of IPC. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the [2025:RJ-JP:39311] (2 of 4) [CRLMB-6999/2025] applicant undertakes not to repeat offence and cooperate with trial, which will take time. 3. Learned counsel for the petitioner submits that the petitioner accused is neither named in FIR nor any identification is mentioned by complainant or injured. He further submits that during investigation, police has identified involvement of the present petitioner accused on only basis of indulgence with named person in other crimes and arrested him on 17.04.2021 without any identification parade (TIP) and filed a charge-sheet against him. He also submits that no progress has been achieved during trial so far and the progress is slow and same has been delayed by one or the other reason. He further referred list of cases shown against him by prosecution and submitted that most of them are either disposed of and resulted into acquittal and in remaining the present petitioner accused is on bail. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of complaint lodged by Raghunath about dacoity and kidnapping by named and unnamed persons with deadly arms, a report is registered at Police Station Basai Dang, District Dholpur and during investigation, the present petitioner accused is arrested on 17.04.2021 and a charge- sheet is filed. The material on record indicate that the [2025:RJ-JP:39311] (3 of 4) [CRLMB-6999/2025] petitioner is facing charge under Sections 148, 307/149, 395, 436 and 366 of IPC. The material submitted by learned counsel also indicate that 10 witnesses were examined till 29.03.2024 but most of them have turned hostile and not supported the case of prosecution. 7. Learned counsel has also filed on record copies of judgment to show that the present petitioner accused is acquitted in some of the cases and further he has been released on bail in most of the cases. The list submitted by prosecution indicate that 55 criminal cases were registered against present petitioner and mostly relating to dacoity. The report submitted by the prosecution indicate that the present petitioner is an active member of Jagan Gurjar (Dacoit) Gang having substantial presence in the area in committing crime to influence and create terror the minds of the people and sufficient to indicate them about consequence in case deposed against the petitioner. 8. In case of the State of Karnataka vs Sri Darshan Etc. : 2025 INSC 979, Hon’ble Supreme Court has considered various factors required consideration before granting bail and one of them is criminal antecedents and chances to influence the evidence of prosecution. 9. Here in this case, the present petitioner accused is not only named but his role and involvement is also evident from participation in the gang activity. The criminal antecedents against the petitioner is again a factor for consideration of this Court. [2025:RJ-JP:39311] (4 of 4) [CRLMB-6999/2025] 10. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 11. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 12. Accordingly, the application for bail filed under Section 483 of BNSS preferred by he applicant-accused Pappu @ Jadnar S/o Shivcharan is hereby dismissed. (ASHOK KUMAR JAIN),J MR/79