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2025 DAILYLAW 27470 (RAJ)

HARSH @ HARDAS SON OF OMPRAKASH v. STATE OF RAJASTHAN

CRLMB/10244/2025 · 2025-09-09

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:36450] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10244/2025 Harsh @ Hardas Son Of Omprakash, Aged About 20 Years, Resident Of Mahendrawada, Police Station Todabheem, District Karauli ( At Present In Sub Jail Hindaun City) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10860/2025 Subhash S/o Rajkumar, Aged About 19 Years, R/o Dor Ka Thana, Todabhim, Distt. Karauli (Raj.) (Presently Confined At District Jail Hindaun, Distt. Karauli). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 10913/2025 Lekhraj @ Lekhu S/o Shri Jaysingh, Aged About 25 Years, R/o Dungri Ka Bas Padampura, Police Station Todabhim, District Karauli (Raj.) (At Present Petitioner Is Confined In Sub Jail Hindaun City). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vikram Singh Chauhan Mr. Sunil Kumar Singodiya Mr. Kuldeep Kumar Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/09/2025 [2025:RJ-JP:36450] (2 of 4) [CRLMB-10244/2025] 1. The present bail applications under Section 483 of BNSS are filed by the applicants-accused Harsh @ Hardas Son Of Omprakash, Subhash S/o Rajkumar and Lekhraj @ Lekhu S/o Shri Jaysingh, seeking bail in respect of a criminal case registered as FIR No.135/2025 dated 29.04.2025 registered at P.S. Todabheem District – Karauli, for the offence under Sections 191(2), 191(3), 190 and 140(3) of BNS. 2. Learned counsels 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. He further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the applicants undertake not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicants submits that for incident of 28.04.2025, a pre-planned report was registered by complainant on 29.04.2025 and no explanation was offered for delay. He further submitted that the complaint itself indicate that Lekhraj is a friend of Rahul and he introduced Bhuri to Lekhraj, thereafter Lekhraj and Bhuri were involved in betting due to dispute of non-payment of money by Bhuri. Lekhraj has demanded money from Rahul and only due to non-payment of money, current report is filed. He further submitted that general allegations were made against the applicants-accused and there is no specific attribution upon [2025:RJ-JP:36450] (3 of 4) [CRLMB-10244/2025] any of present applicant. They also submits that Rahul and Monu have sustained simple injuries and there is no criminal antecedents against the applicants and after evidence police has also filed charge-sheet against these applicants who are in custody since their arrest. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station. 5. Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of a complaint lodged by Hemraj on 29.04.2025 about incident of kidnapping of his cousin brother on 28.04.2025, a criminal case is registered. During investigation, the statement of Rahul is recorded and after concluding the investigation, the role and involvement of present applicants is found and accused Subash and Harsh were arrested on 30.04.2025 whereas Lekhraj on 27.05.2025. After investigation, police has already filed a charge-sheet. The injury report of Rahul and Monu is placed on record which indicate that all seven injuries upon Rahul and two injuries on Monu were simple in nature. There is no criminal antecedents against any of the applicant. 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, [2025:RJ-JP:36450] (4 of 4) [CRLMB-10244/2025] 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 applicants-accused. 8. Thus, the instant bail applications filed on behalf of applicants-accused Harsh @ Hardas Son Of Omprakash, Subhash S/o Rajkumar and Lekhraj @ Lekhu S/o Shri Jaysingh, are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioners would furnish 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 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. 9. In case of any violation of above conditions, the bail granted to the applicants-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 MONU /71-73