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2025 DAILYLAW 24309 (RAJ)

PANKAJ @ GOLU S/O SURESHCHAND v. STATE OF RAJASTHAN

CRLMB/8927/2025 · 2025-08-14

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:32017] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8927/2025 Pankaj @ Golu S/o Sureshchand, Aged About 25 Years, Resident Of Katoriwala Police Station Sadar, Distt. Alwar (Raj.) (Presently Lodged In Distt. Jail, Alwar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9148/2025 Surendra @ Gagan S/o Jasmer Singh, Aged About 30 Years, R/o Milakpur, Police Station Ramgarh, Distt. Alwar (Raj.). (At Present Accused Petitioner Confined In Alwar Jail, Distt. Alwar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Shriram Yadav Mr. Rahul Patni For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/08/2025 1. These bail applications filed under Section 483 of BNSS by the applicants-accused Pankaj @ Golu S/o Sureshchand and Surendra @ Gagan S/o Jasmer Singh in FIR No.262/2025 dated 07.06.2025 registered at P.S. Rajgarh, District Alwar, whereby the applicant-accused Pankaj @ Golu S/o Sureshchand was charged under Sections 115 (2), 127 (2), 140 (3), 310 (2), 111 (2)(ii), 308 (2) and 351 (2) of BNS and applicant-accused Surendra @ [2025:RJ-JP:32017] (2 of 4) [CRLMB-8927/2025] Gagan S/o Jasmer Singh was charged under Sections 317 (3), 310 (2)/111 (3), and 61 (2)(a) of BNS. 2. Learned counsels for the applicants submit that applicants are innocent persons and they were falsely implicated. They further submitted that there is no criminal antecedents against them and they are not required in further investigation as there is no chance of any recovery against any of them. 3. Learned counsel appearing on behalf of applicant-accused Pankaj @ Golu submits that applicant is a handicapped person and his one hand is amputated from deep of the shoulder, whereas other hand is amputated from elbow and in such a condition, it is not possible for him to indulge in criminal activity. He further submitted that present applicant-accused is neither named in FIR nor he was identified as in aid or assailant of other accused. 4. Learned counsel appearing on behalf of Surendra @ Gagan submits that the only allegation against this applicant, is transfer of money through a relative. He further submits that present applicant-accused was not found on spot and his call location is not matching with the call logs collected by police. 5. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted report received from P.S. Rajgarh, District Alwar. 6. Heard learned counsels for the parties and learned Public Prosecutor. Perused the material placed on record, including case diary. 7. On basis of a report dated 07.06.2025 lodged by Naveen Kumar Gupta about his kidnapping and loot and further demand of ransom from his family, a report has registered and matter is [2025:RJ-JP:32017] (3 of 4) [CRLMB-8927/2025] investigated. Police has identified involvement of Pankaj @ Golu, Gaurav @ Gurvinder and Sudanshu Gandhi. The counsel suggests that applicant-accused Pankaj @ Golu is physically challenged, but he is having friendship with Deepu @ Deepak, who is having a criminal background and there were criminal cases, mostly of robbery and loot, registered against him. The investigation note clearly suggests that Pankaj @ Golu has arranged services of Surendra @ Gagan for transfer of money as Surendra @ Gagan is involved in arranging bank accounts to transfer the money. 8. The police report suggested that a gang, involving Sudanshu Gandhi, Gaurav @ Gurvindra, Deepu @ Deepak and Pankaj @ Golu is operating in organized manner and police has charged applicants-accused under Sections 111 (2)(ii) of BNS, there is one more case against Pankaj @ Golu and same is FIR No.259/2025 registered at P.S. Rajgarh, District Alwar and alsos against Surendra @ Gagan. 9. Having considered the interrogation note available on record, it is evident that both the applicant-accused are indulged in criminal activities though except 2 criminal cases no other criminal case is registered against them, but still, their role and involvement is found proved from the investigation by police. 10. Considering the gravity of charge and allegation against both the applicant-accused Pankaj @ Golu S/o Sureshchand and Surendra @ Gagan S/o Jasmer Singh, I am of considered view that both the applicants-accused are not entitled to be released on bail, on any of the ground raised by them. [2025:RJ-JP:32017] (4 of 4) [CRLMB-8927/2025] 11. The bail applications preferred by applicant-accused Pankaj @ Golu S/o Sureshchand and Surendra @ Gagan S/o Jasmer Singh, are hereby dismissed. (ASHOK KUMAR JAIN ), J GAURAV /183-184