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2025 DAILYLAW 21327 (RAJ)

VIRENDRA S/O OMPRAKASH v. STATE OF RAJASTHAN

CRLMB/7442/2025 · 2025-08-04

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:29614] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7025/2025 Kaluram Burdak @ Kartik S/o Shri Shivram Burdka, Aged About 22 Years, R/o Jorpura Sundariyawas, Police Station Kalwar, Dis- trict Jaipur. (Presently Confined At Sub Jail Sambharlake) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 7442/2025 Virendra S/o Omprakash, Aged About 21 Years, R/o Near Gov- ernment School, Lalas, Police Station Chitawa, District Deedwana Kuchaman. (At Present Confined In Sub Jail Sambharlake, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dheeraj Kumar Palia Mr. Vikash Meena For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Devendra Chawla, IO PS Renwal, Jaipur Rural HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/08/2025 1. These bail applications under Section 483 of BNSS have been filed on behalf of the petitioners, who have been arrested in connection with FIR No.114/2025 registered at Police Station Renwal, District Jaipur Rural for the offence punishable under Sections 115(2), 126(2), 140(3) & 308(2) of the Bharatiya Nyaya [2025:RJ-JP:29614] (2 of 3) [CRLMB-7025/2025] Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 115(2), 126(2), 140(2), 127(2) and 310(2) of BNS, 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated. It is submitted that no evidence is available on record to connect the petitioners with the alleged crime. Counsel submit that custody of the petitioner-Virendra S/o Omprakash has been obtained through production warrant. It is submitted that trial will take considerable time in its conclusion. Counsel submit that there are no criminal antecedents against petitioner- Kaluram Burdak @ Kartik whereas two other cases have been registered against petitioner- Virendra S/o Omprakash. Counsel submit that petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor vehemently opposes the submissions made by learned counsel for the petitioners. Investigating Officer of this case is present in person. Under his instructions, learned State Counsel submits that petitioners were subjected to test identification parade wherein they have been identified by the victim and looted articles have also been recovered from their instance. 4. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced at bar, especially considering the material available before me in the form of case diary, as also considering the role attributed to the [2025:RJ-JP:29614] (3 of 3) [CRLMB-7025/2025] petitioners thus, looking to the nature and gravity of offence, this court is not inclined to enlarge the petitioners on bail. 5. Accordingly, these bail applications are dismissed. 6. The observations made hereinabove are only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /174-175