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2025 DAILYLAW 28793 (RAJ)

RAKESH KUMAR S/O CHOUTHMAL v. STATE OF RAJASTHAN

CRLMB/10947/2025 · 2025-09-08

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:36189] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10697/2025 1. Dhiraj Jalandra S/o Natthuram, Aged About 23 Years, R/o Ward No. 12, Purani Jail Ka Mohalla, Kasba Khetri, District Jhunjhunu (Rajasthan) (At Present In Sub Jail, Khetri). 2. Krishan Nayak @ Dholu S/o Ghisaram, Aged About 32 Years, R/o Ward No. 12, Purani Jail Ka Mohalla, Kasba Khetri, District Jhunjhunu (Rajasthan) (At Present In Sub Jail, Khetri). 3. Manmohan @ Monu S/o Ghisaram, Aged About 23 Years, R/o Ward No. 12, Purani Jail Ka Mohalla, Kasba Khetri, District Jhunjhunu (Rajasthan) (At Present In Sub Jail, Khetri). 4. Parmanand @ Premi S/o Jagdish Lal, Aged About 50 Years, R/o Ward No. 12, Purani Jail Ka Mohalla, Kasba Khetri, District Jhunjhunu (Rajasthan) (At Present In Sub Jail, Khetri). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10852/2025 Tushal Jalandra @ Gauri S/o Mukesh Kumar, Aged About 23 Years, R/o Ward No. 14, Near Ajit Hospital, Kasba Khetri, District Jhunjhunu (Raj.) (At Present In Sub Jail, Khetri). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 10947/2025 Rakesh Kumar S/o Chouthmal, Aged About 32 Years, R/o Ward No. 12, Purani Jail Ka Moholla, Khetri, Jhunjhunu. (Presently Confined In Sub Jail Khetadi, District Jhunjhunu (Raj.) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sanjay Verma Mr. Poonam Chand Bhandari Mr. Rakesh Chandel For Respondent(s) : Mr. Vijay Singh Yadav, PP [2025:RJ-JP:36189] (2 of 4) [CRLMB-10697/2025] HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/09/2025 1. The present bail applications under Section 483 of BNSS are filed by the applicant-accused Dhiraj Jalandra S/o Natthuram, Krishan Nayak @ Dholu S/o Ghisaram, Manmohan @ Monu S/o Ghisaram, Parmanand @ Premi S/o Jagdish Lal, Tushal Jalandra @ Gauri S/o Mukesh Kumar and Rakesh Kumar S/o Chouthmal, seeking bail in respect of a criminal case registered as FIR No. 149/2025 dated 09.08.2025 registered at P.S. Khetri, District - Jhunjhunu, for the offence under Sections 189(2), 121(1), 132, 352, 351(2) of BNS and 3, 4 of Rajasthan Medical Care Service Personnel and Medical Case Service Institution (Prevention of Violence and Loss of Assets) Act, 2008. 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. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. He 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 petitioners are students and they were not named in the FIR. He further submitted that after their arrest, no test identification parade [2025:RJ-JP:36189] (3 of 4) [CRLMB-10697/2025] was conducted by police. They further submitted that there is no criminal antecedents against the petitioners and no person has sustained actual injuries. 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 petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 09.08.2025, Dr. Praveen Kumar Sharma has lodged a report for assault by 25-30 persons when a patient Gajendra was admitted in the Government Hospital Khetri. After registration of case, people were identified from video footage and they were named. Present petitioners were arrested during investigation. Injured Gajendra Singh was under treatment at the time of incident. Petitioners are in custody since their arrest on 10.08.2025. 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 applicants-accused. 8. Thus, the instant bail applications filed on behalf of applicants-accused Dhiraj Jalandra S/o Natthuram, Krishan Nayak @ Dholu S/o Ghisaram, Manmohan @ [2025:RJ-JP:36189] (4 of 4) [CRLMB-10697/2025] Monu S/o Ghisaram, Parmanand @ Premi S/o Jagdish Lal, Tushal Jalandra @ Gauri S/o Mukesh Kumar and Rakesh Kumar S/o Chouthmal, is hereby allowed and the applicants-accused are ordered to be released on bail on 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. (iv) In case of any violation of above conditions, the bail granted to the applicants-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 /196-198