Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 2433 (RAJ)

RAJENDRA KUMAR SAIN @ RAJU S/O KAILASH CHAND SAIN v. STATE OF RAJASTHAN

CRLMB/80/2025 · 2025-02-19

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:7395] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 80/2025 Rajendra Kumar Sain @ Raju S/o Kailash Chand Sain, R/o Vijay Nagar Colony, Pisangan, District Ajmer. (At Present Confined In Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjay Gangwar For Respondent(s) : Mr. Jai Prakash Tiwari, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/02/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.142/2024 registered at Police Station Pisangan, District Ajmer (Rajasthan) for the offences punishable under Sections 115(2) & 126(2) of BNS (corresponding to Section 323 & 341 of IPC). Later on, police filed charge-sheet in this matter for the offences punishable under Sections 115(2), 126(2) & 105 of BNS ( corresponding to Section 323, 341 & 304 of IPC). 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that initially, FIR was registered for the offences punishable under Sections 115(2) & 126(2) of BNS and after completion of investigation, charge-sheet has been filed against the petitioner for the offences punishable under Sections 115(2), 126(2) & 105 of BNS. Counsel [2025:RJ-JP:7395] (2 of 3) [CRLMB-80/2025] submits that deceased died after two and half months of alleged incident and cause of death is coma as a result of ante-mortem head injuries with associated complications. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 15.11.2024 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public opposes the submissions made by counsel for the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also the material available on record in the form of charge-sheet; absence of criminal antecedents of the petitioner; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner -Rajendra Kumar Sain @ Raju S/o Kailash Chand Sain shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. [2025:RJ-JP:7395] (3 of 3) [CRLMB-80/2025] 7. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN), J LALIT MOHAN /103