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2025 DAILYLAW 28835 (RAJ)

JAGDISH S/O LOHDASYA v. STATE OF RAJASTHAN

CRLMB/10901/2025 · 2025-08-28

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:34477] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10901/2025 Jagdish S/o Lohdasya, Aged About 31 Years, R/o Padlikhurd, Tehsil Todabhim, Police Station Todabhim, District Karauli. (At Present Accused Confined In District Jail Karauli). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10902/2025 Lokesh @ Kala S/o Shri Girraj, Aged About 40 Years, R/o Padlikhurd, Tehsil Todabhim, District Karauli (Raj.) (The Accused Petitioner Presently Confined At Jail Hindaun City, District Karauli). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pankaj Gupta with Mr. Harshit Bhatt Mr. Rajneesh Gupta with Ms. Chanchal Sharma, Mr. Amit Khan, Mr. Bhanu Pratap Singh & Mr. Uttkarsh Goyal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/08/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.288/2022 registered at Police Station [2025:RJ-JP:34477] (2 of 3) [CRLMB-10901/2025] Todabhim, District Karauli (Rajasthan) for the offences punishable under Sections 143, 323, 341, 365, 336, 506 and 302 of IPC. 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel appearing on behalf of petitioner- Jagdish submits that co-accused namely- Hemraj has been granted benefit of bail by this court and co- accused namely- Amar Singh and Prakash have been granted benefit of bail by Co-ordinate Bench of this Court. He submits that case of the petitioner is also on similar footing. Counsel submits that the witnesses have improved their version in the Court testimony and tried to establish the fact that petitioner was driving the offending vehicle used in the commission of crime. 3. Arguing the case on behalf of petitioner- Lokesh @ Kala, learned counsel submits that neither petitioner is named in the FIR nor in the statement of the injured witness despite the fact that injured witness is known to him. 4. It is contended that there are no criminal antecedents against the petitioners and there is bleak chance of culmination of trial in near future as till date, only seven witnesses have been examined out of fifty four cited prosecution witnesses. It is further submitted that petitioner- Jagdish is in custody since 05.02.2024 and petitioner- Lokesh @ Kala is in custody since 12.08.2024. Further custody of the petitioners would not serve any fruitful purpose. 5. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. 6. I have considered the contentions. [2025:RJ-JP:34477] (3 of 3) [CRLMB-10901/2025] 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially considering the fact that aforementioned co-accused persons have already been granted benefit of bail by this court as well as Co-ordinate Bench of this court and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 8. These bail applications are accordingly allowed and it is directed that accused-petitioner-(1) Jagdish S/o Lohdasya and (2) Lokesh @ Kala S/o Shri Girraj shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 9. The observations made hereinabove are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /292-293