Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 2926 (RAJ)

DEVENDRA @ DEVA S/O BHARATSINGH v. STATE OF RAJASTHAN

CRLMB/392/2025 · 2025-01-24

Mahendar Kumar Goyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:3557] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 392/2025 Devendra @ Deva S/o BharatSingh, R/o Sukhsingh Ka Pura Majra Saipur, District Dholpur (Raj.) (At Present In District Jail, Dholpur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anil Jain with Mr. Udit Sapra For Respondent(s) : Mr. Rishiraj Singh Rathore, P.P. HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 24/01/2025 The present bail application has been filed under Section 483 B.N.S.S. The petitioner has been arrested in connection with FIR No.221/2020 registered at Police Station Badi Sadar, District Dholpur for the offence(s) under Sections 147, 148, 149, 332, 353, 307, 400 and 216-A I.P.C. and Section 3/25 of Arms Act and Section 11 of Rajasthan Dacoity Affected Areas Act, 1985 (for short, “RDA Act”) and later on for the offence(s) under Section(s) 147, 148, 149, 332, 353, 307, 400, 216-A, 472 IPC and Section 3/25 of Arms Act and Section 11 of RDA Act. Learned counsel for the petitioner submits that he has falsely been implicated in this case inasmuch as he is not named in the FIR. He submits that the he is in custody since 15.07.2024, charge-sheet has been filed, trial is yet to begin and similarly [2025:RJ-JP:3557] (2 of 3) [CRLMB-392/2025] situated co-accused persons have already been extended benefit of bail by this Court and prays for his release on bail. Learned Public Prosecutor submits that the petitioner does not deserve indulgence of bail inasmuch as he has seven criminal antecedents including the instant case. Heard. Considered. Although, the petitioner has seven cases registered against him including the present one but, most of them are not of serious nature and other co-accused persons with more criminal antecedents have been released on bail by this Court. In view thereof, taking into consideration the contentions advanced by learned counsel for the petitioner, the evidence available in the charge-sheet, his length of custody and release of similarly situated co-accused persons on bail by this Court; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail. Accordingly, the bail application is allowed and it is directed that accused-petitioner Devendra @ Deva S/o BharatSingh shall be released on bail under Section 483 B.N.S.S. in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall comply with all the conditions laid down under Section 480(3) B.N.S.S. However, looking to his criminal antecedents, it is made clear that in case the petitioner is found indulged in offence(s) of similar/heinous nature in future, the learned jurisdictional [2025:RJ-JP:3557] (3 of 3) [CRLMB-392/2025] Sessions Court shall be at liberty to cancel the benefit of bail extended to him by this Court. (MAHENDAR KUMAR GOYAL),J YOGESH/15