[2025:RJ-JP:30214] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8228/2025 Mukesh Kumar Son Of Chhajuram, R/o Vill. Dhani Kyalda Wali Tan Bagriyawas, Police Station Srimadhopur, District Sikar (Raj.) ( At Present In Jail Neemkathana) ----Petitioner Versus The State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Atar Singh Mr. Bholu Ram Jat Mr. Prem Prakash Dhayal Mr. Aman Pareek For Respondent(s) : Mr. Devi Singh, PP Mr. G.L. Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 05/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Mukesh Kumar Son Of Chhajuram, in FIR No. 47/2025 dated 10.02.2025 registered at P.S. Srimadhopur, District - Sikar, whereby the applicant-accused was charged under Section/s 318(4), 316(2), 316(3) of BNS. 2. The applicant(s) Mukesh Kumar Son Of Chhajuram, was arrested and is in judicial custody since then. The Court below has dismissed the bail application. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further [2025:RJ-JP:30214] (2 of 4) [CRLMB-8228/2025] he submitted that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available for such investigation. Learned counsel for petitioner submits that petitioner is not having any connection with loss of gold jwellery to complainant. He submitted that initially Pooja was kidnapped by complainant party to recover gold which complainant got from North-East. He further submitted that the complainant is in habit of smuggling gold and from one part of the country to another but due to dispute with Pooja a case has been registered wherein this petitioner accused was arrayed as an accused for recovery. He also submitted that the petitioner is in custody and charge-sheet has been filed. He also submitted that the investigation/trial will take its own time and no purpose will be served by keeping the applicant-accused in custody. 4. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. 5. Learned counsel for complainant submitted that the gold is transferred in books and with receipt. He further submitted that pooja in connivance with present petitioner accused has committed breach of trust and converted the gold jwellery for their own use. He also submitted that this is hard earned money of complainant. The petitioner accused be not allowed on bail till recovery is effected. [2025:RJ-JP:30214] (3 of 4) [CRLMB-8228/2025] 6. Heard learned counsel for the parties Perused the material placed on record by both the parties. 7. As per report, Pooja Kumari and Rakesh Kumar both were working for complainant and the transfer of gold and further transportation of jwellery is in the name of Pooja. The matter is investigated by police and despite investigation no recovery is contempleted against the petitioner accused whereas Pooja Rolania is absconding. Both the accused Rakesh and Mukesh were sent to judicial custody. There were three other cases and all relating to assault and injuries. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant-accused Mukesh Kumar Son Of Chhajuram . 8. Thus, the instant bail application filed on behalf of applicant- accused Mukesh Kumar Son Of Chhajuram, is hereby allowed and the applicant-accused Mukesh Kumar Son Of Chhajuram, is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. [2025:RJ-JP:30214] (4 of 4) [CRLMB-8228/2025] (ii) The applicant accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be cancelled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN), J CHETNA BEHRANI /164