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2025 DAILYLAW 24048 (RAJ)

BHAWANI SHANKAR S/O HARLAL v. STATE OF RAJASTHAN

CRLMB/8838/2025 · 2025-08-14

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:31981] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8838/2025 1. Bhawani Shankar S/o Harlal, Aged About 23 Years, R/o Thikarda, Police Thana Dablana Dist. Bundi (Raj.) (At Present Petitioner Confined In Dist. Jail Bundi) 2. Khushiram S/o Ghansi Lal, Aged About 25 Years, R/o Thikarda, Police Thana Dablana Dist. Bundi (Raj.) (At Present Petitioner Confined In Dist. Jail Bundi) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9053/2025 Lekhraj S/o Gopal, Aged About 22 Years, R/o Thikarda, Police Station Dablana, District Bundi (Raj.) (At Present Confined In District Jail, Bundi (Raj.). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 9054/2025 Akshay Kumar S/o Jagdish, Aged About 19 Years, R/o Tikarda, Police Station Dablana, District Bundi (Raj.) (At Present Confined In District Jail, Bundi (Raj.). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 9165/2025 Tulsiram S/o Shyojilal, Aged About 24 Years, R/o Thikarda, Police Station Dablana, District Bundi (Raj.) (At Present Accused Petitioner Confined In District Jail Bundi). ----Petitioner Versus [2025:RJ-JP:31981] (2 of 5) [CRLMB-8838/2025] State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Jitendra Bajaj Mr. Govind Lal Choudhary Mr. Hitesh Bagri with Mr. Nadeem Mazahir For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/08/2025 1. These applications for bail filed under Section 483 of BNSS by the applicants-accused Bhawani Shankar S/o Harlal, Khushiram S/o Ghansi Lal, Lekhraj S/o Gopal, Akshay Kumar S/o Jagdish and Tulsiram S/o Shyojilal in FIR No. 182/2025 dated 18.06.2025 registered at P.S. Dablana District -Bundi, whereby the applicants-accused were charged under Sections 331(4), 305(d), 61(2) of BNS. 2. The applicants were arrested and are in judicial custody since their arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicants relying upon grounds raised in bail applications submits that the applicants are innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicants-accused is complete and are no more required by the Investigating Agency for investigation. He further assures that in case, the applicants-accused are required for further investigation, the applicants-accused will be available [2025:RJ-JP:31981] (3 of 5) [CRLMB-8838/2025] for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicants-accused in custody. 4. Learned counsel for petitioner submitted that petitioners were neither in named in FIR nor any of witness has named their involvement in the incident. He further submitted that even from CCTV footage, or guard posted at the site has not identified any of the petitioners. They further submitted that during investigation, some recovery is effected from the petitioners but same is in police custody and there is no evidence to show exclusive possession of petitioners. They further submitted that charge-sheet has been filed and there is no criminal antecedents against the petitioners. 5. Aforesaid contentions were opposed by learned Public Prosecutor. 6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record. 7. On the basis of report registered by Store Superintendent of Jaipur DISCOM, Bundi about theft from their store in the intervening night of 16-17th June, 2025, a matter is registered and investigated. The store was guarded by security guarda Rajendra and Dungarmal, made available by REXCO. During investigation, these petitioners were identified and after making some recovery, charge-sheet has been filed. There is no criminal antecedents against the petitioners. 8. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required [2025:RJ-JP:31981] (4 of 5) [CRLMB-8838/2025] in the investigation and they are 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 applicants-accused. 9. Thus, the bail applications filed on behalf of applicants- accused Bhawani Shankar S/o Harlal, Khushiram S/o Ghansi Lal, Lekhraj S/o Gopal, Akshay Kumar S/o Jagdish and Tulsiram S/o Shyojilal, is hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioners would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-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 applicants-accused shall be liable to be canceled. [2025:RJ-JP:31981] (5 of 5) [CRLMB-8838/2025] 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /163-166