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2025 DAILYLAW 27690 (RAJ)

DIGENDRA @ DABBU S/O SHRI YATENDRA SHARMA v. STATE OF RAJASTHAN

CRLMB/10355/2025 · 2025-08-20

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:32932] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10355/2025 Digendra @ Dabbu S/o Shri Yatendra Sharma, Aged About 19 Years, R/o Kameshwar Mohalla, Town Kaman, Police Station Kaman, District Deeg (Raj.) (At Present Accused Petitioner Confined In Sub Jail Deeg) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Mukesh Kumar Saini For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 20/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Digendra @ Dabbu S/o Shri Yatendra Sharma in FIR No. 288/2025 dated 09.06.2025 registered at P.S. Kaman District -Deeg, whereby the applicant-accused was charged under Sections 309(4) of BNS. 2. The applicant was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. He further assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available for such investigation. He also submits that the [2025:RJ-JP:32932] (2 of 3) [CRLMB-10355/2025] investigation/trial will take its own time and no purpose will be served by keeping the applicant-accused in custody. He further submitted that investigation is complete and charge- sheet has been filed. 4. Learned counsel for petitioner submitted that the allegation on this petitioner is only for committing robbery to snatch motorcycle. He further submitted that this petitioner is in custody for last more than 2 months and there is no criminal antecedent against the petitioner. The petitioner is not named in the FIR. He also submitted that for incident of 23.05.2025, report is registered after delay on 09.06.2025. 5. Aforesaid contentions were opposed by learned Public Prosecutor. 6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record. 7. On the basis of report dated 09.06.2025 lodged by complainant Bheem about incident of robbery of motorcycle, cash and other documents on 23.05.2025, the matter is investigated. After investigation, police has field charge- sheet against Devendra, Digendra and a juvenile (17 years old) under Section 309(4) of BNS. There is no criminal antecedent against the petitioner, who is in custody since 13.06.2025. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is 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 [2025:RJ-JP:32932] (3 of 3) [CRLMB-10355/2025] and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 9. Thus, the instant bail application filed on behalf of applicant- accused Digendra @ Dabbu S/o Shri Yatendra Sharma, is hereby allowed and the applicant-accused is 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 with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-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 PREETI VALECHA /249