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2025 DAILYLAW 22415 (RAJ)

SAHIL @ PINTU SON OF RADHEYSHYAM v. STATE OF RAJASTHAN

CRLMB/8017/2025 · 2025-07-03

Ashutosh Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:24508] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8017/2025 Sahil @ Pintu Son Of Radheyshyam, Aged About 26 Years, Resident Of Near Brahmano Ki Dhopad, Bhapdauda, Police Station Asoda, District Jhajjar (Haryana) (At Present Lodged In The District Jail Bhiwadi) ----Accused/Applicant Versus State Of Rajasthan, Through P.P. ----Respondent For Applicant : Mr. Ashvin Garg, Adv. For Respondent : Mr. Jai Prakash Tiwari, Dy.G.A. Ms. Arti Sharma, Dy.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 03/07/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S., 2023 against the order dated 01.05.2025 passed by learned Additional District and Sessions Judge Bhiwadi, District Bhiwadi in Bail Application No.140/2025 arising out of FIR No.523/2024, registered at Police Station Bhiwadi, District Alwar for the offences punishable under Section 111(2)(a), 310(2) and 311 of B.N.S., 2023 and Sections 3/25 and 3/27 of Arms Act, 1959 by which the bail application of the accused-applicant under Section 483 of the B.N.S.S., 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. [2025:RJ-JP:24508] (2 of 3) [CRLMB-8017/2025] Learned counsel also submits that as per the prosecution case, which has been mentioned in the charge-sheet, five accused persons namely Anil, Preet @ Golu, Atul Rathi, Ajay Kadiyan and Ajay Oliyan committed dacoity and murder at a Jewellers' Showroom and these accused persons were captured in the CCTV footage of the showroom and were identified. However, the present accused-applicant was not present on the spot where the dacoity was committed at around 7 p.m.. The present accused- applicant is said to have met the accused persons at about 10-11 p.m. on date of the alleged incident i.e. 23.08.2024. 3. Learned counsel for the accused-applicant contends that allegation against the present accused-applicant is that he received the stolen property, which was looted in the dacoity at the said showroom. 4. Learned counsel for the accused-applicant submits that charge-sheet has already been filed and trial against the accused- applicant is yet to commence, therefore, the accused-applicant be enlarged on bail. Learned counsel further submits that the accused-applicant was arrested on 16.09.2024 and since then, he is behind the bars. 5. Learned counsel appearing on behalf of the State while vehemently opposing this bail application submits that looking to the seriousness of the offence committed by the accused-applicant and the fact that four other criminal cases are registered against the accused-applicant, he should not be enlarged on bail. 6. Heard learned counsel for the parties and also perused the material available on record. [2025:RJ-JP:24508] (3 of 3) [CRLMB-8017/2025] 7. Considering the overall facts and circumstances of the case; looking to the period of custody of the accused-applicant; and the fact that allegation of dacoity and murder is not against the present accused-applicant, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant. 8. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Sahil @ Pintu S/o Radheyshyam, arrested in connection with FIR No.523/2024, registered at Police Station Bhiwadi, District Alwar shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent attested sureties of Rs.25,000/- each to the satisfaction of the trial Court. Applicant will be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /403