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2025 DAILYLAW 20696 (RAJ)

RAMLAL @ RAMA S/O MADHOLAL @ MADHONATH v. STATE OF RAJASTHAN

CRLMB/7090/2025 · 2025-08-11

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:31440] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7090/2025 1. Ramlal @ Rama S/o Madholal @ Madhonath, R/o Basyahedi, Police Station Kanwas, District Kota At Present Kherai Beed Jolpa Road, Sangdod, District Kota (Raj.) (At Present Confined In Sub Jail, Sangod, District Kota). 2. Saleem Kalbeliya S/o Amarlal, R/o Kalbailiya Basti Thane Ke Samne, Kawai, Police Station Kawai, District Baran At Present Khairai Ki Beed, Jolpa Road, Sangod, Kota. (At Present Confined In Sub Jail, Sangod, District Kota). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Lakhan Singh Tomar For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicants-accused Ramlal @ Rama S/o Madholal @ Madhonath and Saleem Kalbeliya S/o Amarlal in FIR No. 125/2024 dated 29.04.2024 registered at P.S. Sangod District -Kota Rural, whereby the applicant- accused were charged under Sections 341, 323, 34, 382 IPC and later on added Sections 394, 323, 341 and 34 IPC. 2. The applicants were arrested and is in judicial custody since their arrest. The Court below has dismissed the bail application. [2025:RJ-JP:31440] (2 of 3) [CRLMB-7090/2025] 3. Learned counsel for the applicants relying upon grounds raised in bail application submits that the applicants are innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicant-accused is complete and are no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused are required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicants-accused in custody. 4. Learned counsel for petitioner submitted that complainant has registered unnamed report in concerned police station and complainant has not disclosed any identity of any accused involved in the incident. He further submitted that without any basis, police has detained both the petitioners and without any identification, planted them as an accused in the instant case. He further submitted that petitioners were taken on production warrant and no recovery is effected during investigation. He further submitted that petitioner is not involved in the incident and they were falsely implicated by police. 5. Aforesaid contentions were opposed by learned Public Prosecutor. He has submitted report received from concerned police station along with criminal antecedents and same are taken on record. [2025:RJ-JP:31440] (3 of 3) [CRLMB-7090/2025] 6. Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record. 7. On the basis of report of robbery by two unknown persons on 29.04.2024 with his 80 years old grandmother of complainant, a report was registered and during investigation, these petitioners, who were in custody in another matter registered at P.S. Bapawar Kalan and have disclosed involvement in the instant case, were taken in custody by production warrant. During investigation, some recovery is effected and charge-sheet has been filed. As regard to recovery or identification is concerned, issue requires consideration but the fact in the matter clearly indicated that 6 criminal cases were registered against Saleem and 8 against Ramlal and all were of identical nature. 8. Looking to criminal background of these petitioners, they are not entitled to be released on bail. 9. Accordingly, bail application preferred by petitioners-Ramlal @ Rama S/o Madholal @ Madhonath and Saleem Kalbeliya S/o Amarlal is hereby dismissed. (ASHOK KUMAR JAIN),J PREETI VALECHA /145