LAVKUSH KUSHWAH S/O MUNNALAL v. STATE OF RAJASTHAN
CRLMB/7051/2025 · 2025-06-11
Anand Sharma V J
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20468 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20468 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:23075] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7051/2025
1. Lavkush Kushwah S/o Munnalal, Aged About 21 Years, R/o Kayasth Paadaa, Baadi, Police Station Baadi, District Dholpur. (At Present Accused Petitioners Confined In District Jail Dholpur)
2. Deepak S/o Munnalal, Aged About 18 Years, R/o Kayasth Paadaa, Baadi, Police Station Baadi, District Dholpur. (At Present Accused Petitioners Confined In District Jail Dholpur) ---Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Amitabh Jatav For Respondent(s) : Mr. Jitendra Singh Rathore, Add. GA HON'BLE MR. JUSTICE ANAND SHARMA (V. J.)
Order 11/06/2025
Learned counsel for the complainant is present before the Court. This bail application has been filed by the accused-petitioners under Section 483 of B.N.S.S. in respect of FIR No.0093/2025 registered with Police Station Baari, District Dholpur for the offence under Sections 115(2), 126(2), 351(2), 352, 125, 109, 3(5) of BNS.
Learned counsel for the accused-petitioners would submit that although allegations of causing injury have been levelled; but, that was simple altercation on account of sudden heat of moment. They are no longer required in custodial interrogation nor any
[2025:RJ-JP:23075] (2 of 3) [CRLMB-7051/2025] recovery is liable to be made from him. The accused-petitioners are behind the bars since 25.04.2025 and 26.04.2025 respectively.
Learned counsel for the accused-petitioners would further submit that even otherwise both the parties (accused-petitioners and complainant) have entered into compromise which has been placed on record as Annexure-3 for perusal of the Court.
Learned counsel for the complainant has also admitted the fact of entering into compromise with the petitioner.
Learned counsel for the accused-petitioners would further submit that in view of the above facts, there is no likelihood of him conviction in the trial, hence no fruitful result is likely to be yielded to continue the accused-petitioners into judicial custody. Learned Public Prosecutor has vehemently opposed the bail application. Considered the submissions made at Bar. Taking into consideration the overall facts and circumstances of the case, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the accused-petitioners on bail. Accordingly, the bail application is hereby allowed. The accused-petitioners-Lavkush Kushwah S/o Munnalal and Deepak S/o Munnalal shall be released on bail in pursuance of FIR No.0093/2025 registered with Police Station Baari, District Dholpur on furnishing personal bond of Rs.1,00,000/- each along with two sureties of the like amount. That apart, the accused- petitioners shall also follow the conditions as under:-
[2025:RJ-JP:23075] (3 of 3) [CRLMB-7051/2025] (i) They shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) They shall not leave the country without prior permission of the Court. (iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence is exempted by the trial Court. In case of failure of observance of aforementioned conditions, a ground for cancellation of bail, would arise.
(ANAND SHARMA (V. J.)),J DIKSHA /255