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2025 DAILYLAW 29985 (RAJ)

RAJKUMAR SON OF SHRI NARAYAN SINGH v. STATE OF RAJASTHAN

CRLMB/11813/2025 · 2025-09-17

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:38087] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11472/2025 Hemant Sharma S/o Rishikant, R/o Oont Khana, Radhabihari Road Police Station Nihalganj, District Dholpur. (Accused Petitioner In Judicial Custody In District Jail Dholpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 11679/2025 1. Suraj Pratap Mawai S/o Lokendra Singh, Resident Of Kunkpur, Police Station Basaidang District Dholpur, At Present Aabad Purana Unth Khana Dholpur Police Station Nihalganj Dholpur Raj. (At Present In District Jail, Dholpur). 2. Suraj Kanshana S/o Late Shri Mangal Singh, R/o Chhatri Ka Pura Police Station Dangbasai District Dholpur At Present Aabad Bhamtipura Mama Bhanje Ki Kabr Ke Pass Police Station Kotwali Dholpur (At Present In District Jail, Dholpur). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 11813/2025 1. Rajkumar Son Of Shri Narayan Singh, Resident Of Radha Bihari Road, Durga Colony, Tehsil And District Dholpur ( At Present Confined In District Jail Dholpur) 2. Shiva Son Of Rakesh Kumar, Resident Of Unt Khana Tehsil And District Dholpur ( At Present Confined In District Jail Dholpur) ----Petitioners Versus State Of Rajasthan, Through P.p. ----Respondent [2025:RJ-JP:38087] (2 of 5) [CRLMB-11472/2025] For Petitioner(s) : Mr. Sumit Kumar Jain Mr. Dushyant Jain Mr. Neeraj Sharma For Respondent(s) : Mr. Manvendra Singh Choudhary, PP Mr. Ankur Singh Tomar. HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/09/2025 1. The present bail applications under Section 483 of BNSS are filed by the applicants-accused Hemant Sharma S/o Rishikant, Suraj Pratap Mawai S/o Lokendra Singh, Suraj Kanshana S/o Late Shri Mangal Singh, Rajkumar Son Of Shri Narayan Singh, Shiva Son Of Rakesh Kumar, seeking bail in respect of a criminal case registered as FIR No. 464/2025 dated 16.08.2025 registered at P.S. Kotwali District – Dholpur, for the offence under Sections 189(2), 115(2), 126(2), 125, 303(2), 352, 351(2), 351(3) of BNS. 2. Learned counsel for petitioners offers to withdraw bail application of Suraj Pratap Mawai S/o Lokendra Singh, and Suraj Kanshana S/o Late Shri Mangal Singh with liberty to file fresh after filing of charge-sheet. 3. Hence, the bail application no. 11679/2025 of Suraj Pratap Mawai S/o Lokendra Singh, and Suraj Kanshana S/o Late Shri Mangal Singh is dismissed as withdrawn with liberty as aforesaid. Hence, we are considering bail applications of Hemant Sharma S/o Rishikant, Rajkumar Son Of Shri Narayan Singh, Shiva Son Of Rakesh Kumar. [2025:RJ-JP:38087] (3 of 5) [CRLMB-11472/2025] 4. 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. They further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. They also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 5. Learned counsel for petitioners Hemant, Raj Kumar and Shiva submits that none of these petitioners were named in FIR and there is no criminal antecedent against any of these petitioners. They further submitted that no specific role or assignment of injury is made upon any of these petitioners. They also submitted that no injury is caused upon any of vital part and the petitioners are in custody since 26.08.2025. 6. Learned Public Prosecutor has vehemently opposed the bail applications and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station. 7. Learned counsel for complainant opposed the bail application and submitted that two accused Suraj Pratap and Suraj Kansan are having criminal background and these petitioners have assaulted complainant injured and further demanded money. He also submitted that as a result of assault, injured sustained grievous injuries. [2025:RJ-JP:38087] (4 of 5) [CRLMB-11472/2025] 8. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 9. On the basis of report dated 16.08.2025 lodged by complainant Vikram Pachori about incident of 15.08.2025 by Suraj Kansana, Suraj Mawai and 15-20 other persons a report is registered and the matter is investigated. During investigation these petitioners Hemant, Raj Kumar and Shiva were arrested and they are in custody. There is no criminal antecedent against these petitioners. There is one grievous injury of fracture of ulna bone of injured. 10. 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. 11. Thus, the instant bail applications filed on behalf of applicants-accused Hemant Sharma S/o Rishikant, Rajkumar Son Of Shri Narayan Singh, Shiva Son Of Rakesh Kumar,, are hereby allowed and the applicants- accused are ordered to be released on bail with condition that each of the petitioner 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:- [2025:RJ-JP:38087] (5 of 5) [CRLMB-11472/2025] (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 cancelled. 12. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /134-136