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2025 DAILYLAW 26128 (RAJ)

SUNIL S/O KAILASHCHAND v. STATE OF RAJASTHAN

CRLMB/9648/2025 · 2025-08-25

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:35736] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9648/2025 Sunil S/o Kailashchand, Aged About 37 Years, R/o Ganesh Colony, Opp. S.v.m. School, Phulera, Police Station Phulera, District Jaipur. (At Present Confined In Sub Jail Sambharlake, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9690/2025 1. Sitaram @ Ladora S/o Bhura Ram @ Bhanwar Lal @ Mahboob, Aged About 26 Years, R/o Haripura, Ps-Narena, District Jaipur. (Petitioner Is Confined In Sub Jail, Sambhar Lake) 2. Kelash @ Madhu S/o Rattan Lal, Aged About 21 Years, R/o Near Talab, Goner, Ps - Ramnagariya, District Jaipur City (Petitioner Is Confined In Sub Jail, Smabhar Lake) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Anish Bhadala & Mr. Dheeraj Khatri both for Mr. Yojan Sharma Ms. Pratibha Baresa for Mr. Dinesh Pareek For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/08/2025 1. This two bail applications for bail filed under Section 483 of BNSS by the applicants-accused Sunil S/o Kailashchand, Sitaram @ Ladora S/o Bhura Ram @ Bhanwar Lal @ Mahboob, Kelash @ Madhu S/o Rattan Lal, in FIR No. 130/2025 dated 09.07.2025 registered at P.S. Narena District – Jaipur Rural, whereby the applicants-accused were charged under Sections 331(4), 305(A) of BNS. [2025:RJ-JP:35736] (2 of 4) [CRLMB-9648/2025] 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 application submits that the applicants are innocent and falsely implicated in the present case. Learned counsel for petitioner accused-Sunil has submitted that the allegation on present petitioner is to receive stolen goods but there is no evidence on record to show that present petitioner accused has received any stolen goods for which a complaint is registered at P.S. Narena on 08.07.2025. He also submitted that four criminal cases were registered against petitioner accused in District Pali but during 4-5 years no criminal case is registered against petitioner accused. He also submitted that there is no recovery from petitioner accused and the offence is triable by First Class Magistrate. 4. Learned counsel appearing for appellant accused Sitaram @ Ladora and Kelash @ Madhu submitted that the report is registered against unknown person and the police investigation has suggested that the entire investigation revolves around main accused Mukesh. She further submitted that one criminal case is registered against Sitaram @ Ladora whereas no criminal case is registered against Kelash @ Madhu. She also referred recovery of stolen articles, and submitted without involvement petitioners cannot be forwarded to face trial. [2025:RJ-JP:35736] (3 of 4) [CRLMB-9648/2025] 5. Aforesaid contentions were opposed by learned Public Prosecutor. 6. Heard learned counsels for petitioners and learned public prosecutor. Perused the material placed on record. 7. On the basis of complaint dated 09.07.2025 lodged by complainant Shyoji Ram Jat about house breaking and burglary in the night of 08.07.2025 the matter is registered and investigated. During investigation police has detained Mukesh, Sitaram, Kailash @ Madho on 15.07.2025 on the basis of CCTV footage and further arrested them after confirmation of their involvement. Accused Mukesh has disclosed that articles were sold to Sunil Soni who was arrested on 17.07.2025. After information under Section 23(2) of BSA a gold ingot was recovered from possession of Sunil Soni which was made from stolen gold jewellery. The police has also recovered some articles from Sitaram @ Ladora and Kelash @ Madhu. All petitioners are in custody and police has found their involvement. There is one criminal case against Sitaram @ Ladora but there is no criminal record against Kelash @ Madhu. Four criminal cases of year 2021 were registered at different police stations of District Pali against Sunil. 8. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required 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 [2025:RJ-JP:35736] (4 of 4) [CRLMB-9648/2025] 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 instant bail applications filed on behalf of applicants-accused Sunil S/o Kailashchand, Sitaram @ Ladora S/o Bhura Ram @ Bhanwar Lal @ Mahboob, Kelash @ Madhu S/o Rattan Lal, are hereby allowed and 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 by each of the petitioner 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 applicant-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /153-154