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2025 DAILYLAW 24276 (RAJ)

OMPRAKASH S/O MANNARAM v. STATE OF RAJASTHAN

CRLMB/8987/2025 · 2025-09-09

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:36433] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8987/2025 Omprakash S/o Mannaram, Aged About 25 Years, R/o Bhura Jankhad Ki Dhani, Tan Jorpura, Jobner, Police Station Jobner, District Jaipur. (At Present Confined In Sub Jail Sambharlake, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Mukesh Kumar Saini For Respondent(s) : Ms. Arti Sharma, PP with Mr. Shubham Kumar Sain, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Omprakash S/o Mannaram seeking bail in respect of a criminal case registered as FIR No.174/2025 dated 19.06.2025 registered at P.S. Jobner District – Jaipur Rural, for the offence under Sections 308(4) and 61(2) of BNS. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the [2025:RJ-JP:36433] (2 of 4) [CRLMB-8987/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicant submits that besides current case there is one more criminal case against the applicant- accused. He further submits that in said criminal case when applicant-accused was in custody then he came in contact with other persons and his mobile is used for placing call. He also submits that the Trial Court has dismissed the bail application only on the ground that other persons have criminal background. He also submits that present applicant and Monica prosecutrix in FIR No. 271/2024) have filed an S.B. Criminal Writ Petition No. 1464/2024 at Principal Seat Jodhpur for protection, wherein an order has been passed in favor of applicant on 11.07.2024. He further submits that investigation is complete and a charge-sheet has been filed. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of a complaint lodged on 19.06.2025 by complainant Anandi Lal, the matter is registered and investigated and after investigation, police has arrested Suraj Kumar, Mukesh Kumar and present applicant and filed a charge-sheet against them. The present applicant Om Parkash is in custody since 24.06.2025. There is one more criminal case registered as FIR No. 271/2024 dated [2025:RJ-JP:36433] (3 of 4) [CRLMB-8987/2025] 29.07.2024 at P.S. Jobner (Jaipur), wherein a charge-sheet has been filed. Applicant-accused has filed a Writ Petition No. 1464/2024 with Monika Sewda at Principal Seat, Jodhpur wherein a specific direction is issued by a Co-ordinate bench on 11.07.2024. 7. 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. 8. Thus, the instant bail application filed on behalf of applicant- accused Omprakash S/o Mannaram, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing 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 applicant-accused shall not tamper with evidence or influence the witness in any manner. (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. [2025:RJ-JP:36433] (4 of 4) [CRLMB-8987/2025] (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MONU /42