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2025 DAILYLAW 27196 (RAJ)

MANISH KUMAR S/O MAHESH HARIJAN v. STATE OF RAJASTHAN

CRLMB/10093/2025 · 2025-09-15

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:37482] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10093/2025 Manish Kumar S/o Mahesh Harijan, Aged About 21 Years, R/o Ward No. 7, Mohalla Kusumpura, Ajitgarh, Tehsil Srimadhopur, District Sikar, Rajasthan. (At Present Confined In Sub Jail Neem Ka Thana District Sikar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10094/2025 Anil Kumar Sihodiya S/o Bhanwar Lal Bunkar, R/o Bunkar Mohalla, Ward No. 06, Seepur, Tehsil Shrimadhopur, District Sikar (Raj.) (At Present Confined In Sub Jail Neemkathana). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Kuldeep Aswal Mr. Takhat SIngh For Respondent(s) : MR. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/09/2025 1. The present bail applications under Section 483 of BNSS are filed by the applicants-accused Manish Kumar S/o Mahesh Harijan and Anil Kumar Sihodiya S/o Bhanwar Lal Bunkar seeking bail in respect of a criminal case registered as FIR No.263/2025 dated 15.07.2025 registered [2025:RJ-JP:37482] (2 of 4) [CRLMB-10093/2025] at P.S. Ajit Garh, District - Sikar, for the offence under Sections 189(2), 115(2), 126(2), 308(2), 140(3) BNS. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. They further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. They also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioners submitted that for incident of 14.07.2025, report is registered on 15.07.2025 against unknown persons. They further submitted that without any test identification parade (TIP) these petitioners were implicated by police. They further submitted that injuries upon injured Rahul, Himesh and Abhishek reflect that they have sustained one simple injury each. They further submitted that there is no evidence about withdrawal of any money and except one case against Anil Kumar, there is no criminal antecedent against Manish Kumar. 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 parties and learned Public Prosecutor. Perused the material placed on record by both the parties. [2025:RJ-JP:37482] (3 of 4) [CRLMB-10093/2025] 6. On the basis of complaint lodged at 3.26 AM on 15.07.2025 about incident of 14.07.2025 against 6-7 unknown persons the matter is registered and investigated. During investigation, it was found that 6-7 persons have intercepted 4 friends and after dividing in two groups, one group has taken two and second group has taken remaining two and they have withdrawn money from ATM. The injured Rahul, Himesh and Abhishek have sustained one injury each. There is no criminal antecedent against Manish but there is one case registered against Anil Kumar in year 2023, wherein charge-sheet has been filed. 7. 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 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 applications filed on behalf of applicants-accused Manish Kumar S/o Mahesh Harijan and Anil Kumar Sihodiya S/o Bhanwar Lal Bunkar, are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioners would a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- [2025:RJ-JP:37482] (4 of 4) [CRLMB-10093/2025] (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. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /115-116