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2025 DAILYLAW 22584 (RAJ)

RAMNATH SON OF SHRI SHRIPATI v. STATE OF RAJASTHAN

CRLMB/8157/2025 · 2025-08-11

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:31080] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.8157/2025 Ramnath Son Of Shri Shripati, Aged About 44 Years, Resident Of Takipur, Police Station Kanchanpur, At Present Saipau Road Badi Police Station Badi District Dholpur (At Present Confined In District Jail Dholpur) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Prem Chand Dewanda, Adv. Mr. Ajay Poonia, Adv. Mr. Aasha Ram Singh, Adv. Mr. Anikate Jangir, Adv. For Respondent(s) For Complainant : : Mr. Shree Ram Dhakar, PP Mr. Sachin Kumar, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 11/08/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.176/2025, registered at Police Station Badi, District Dholpur, for the offence(s) under Sections 109(1), 309(6) and 3(5) of BNS. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that the main accusation of committing robbery are against the other co-accused namely-Sheeshram, Hansa and Sachin. It is alleged against the petitioner that he conducted recce in the house of the complainant before committing robbery. It is also contended that no such document was recorded in evidence showing that the [2025:RJ-JP:31080] (2 of 3) [CRLMB-8157/2025] petitioner conducted recce before committing the offence at the house of the complainant. It is further argued that the main allegation is against the other co-accused Sheeshram who is brother-in-law of the petitioner. The recovery of Rs.57,000/- and other articles were effected from the petitioner’s house but the same is in itself questionable. It is further contended the petitioner’s wife Urmila was also charge-sheeted in the same offence and she has been enlarged on bail by the Co-ordinate Bench vide order dated 11.06.2025. The accused-petitioner is in custody since 01.05.2025 and the charge-sheet has already been submitted and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the grant of bail application. It is contended that the petitioner committed recce in the house of the complainant. The main co- accused Sheeshram, Hansa and Sachin committed the robbery and recovery of firearm and the stolen articles were effected from the petitioner’s house. The petitioner is a habitual offender and having criminal antecedents and against him 5 cases are pending under various provisions, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. The main allegation of committing robbery in the house of the complainant is against the other co-accused namely Sheeshram, Hansa and Sachin. The co-accused Urmila, from whom recovery of stolen articles were made, has already been [2025:RJ-JP:31080] (3 of 3) [CRLMB-8157/2025] enlarged on bail by the Co-ordinate Bench and the recovery of stolen articles from the same house has been made against the other co-accused Urmila, therefore, considering the above facts without further going into the merits of the case, this Court deems it proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused petitioner- Ramnath Son Of Shri Shripati, in connection with FIR No.176/2025, registered at Police Station Badi, District Dholpur, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. 7. The accused-petitioner is also directed to mark his presence on 25th of every month before the concerned Police Station till conclusion of the trial. The SHO of the concerned Police Station is directed to maintain a regular register marking the presence of the accused petitioner and shall send the presence report of the accused petitioner to the concerned trial Court every month without any delay. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava/-208