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[2025:RJ-JP:36049] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7213/2025 Keshav S/o Madhosingh, Resident Of Sukh Singh Ka Pura, Majra Saipur Police Station District Dholpur (Raj.). (At Present Confined In District Jail, Dholpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dushyant Jain Mr. Udit Sapra For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 28/08/2025
1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Keshav S/o Madhosingh seeking bail in respect of a criminal case registered as FIR No.23/2022 dated 16.11.2022 registered at P.S. Sone Ka Gurja, District- Dholpur for the offence under Sections 353, 307 of IPC, 3, 25 and 5 of Arms Act and Section 11 of RDAA Act.
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. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.
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3.
Learned counsel for applicant submits that without actual injury, police has registered a case under Section 307 of IPC and during investigation, police has not even recovered empty cartridges. He further submits that only on basis of criminal antecedents of applicant-accused, the Trial Court has dismissed the bail application. He also submits that present applicant has neither involved in the incident nor he fired a shot upon police.
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 applicant-accused and learned Public Prosecutor. Perused the material placed on record.
6. On basis of complaint registered by complainant Yashpal Singh, SHO, P.S. Sone Ka Gurja, District Dholpur for incident of 16.11.2022 against applicant and other persons, the matter is investigated and after investigation, a charge-sheet has been filed. Present applicant is arrested on 11.10.2023 and since then he is in custody. The material on record indicate that 44 criminal cases were registered against applicant and almost are serious nature. Present applicant-accused is a well known dacoit having terror in the region. Though, two applicants-accused Sheeshram and Banti @ Vinod were granted bail by a Coordinate Bench of this Court on 05.11.2024, but present applicant is a gang leader and having large number of criminal cases. The persons granted bail were members of gang, run by present applicant, therefore, enlargement of bail to applicant-accused will not give a good message to the society.
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7. 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.
8. 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.
9. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Keshav S/o Madhosingh, is hereby dismissed.
(ASHOK KUMAR JAIN),J GAURAV /65