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2025 DAILYLAW 31675 (RAJ)

RATAN S/O LATE SHRI RAMURAM v. STATE OF RAJASTHAN

CRLMB/13063/2024 · 2025-01-24

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:3519] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 13063/2024 Ratan S/o Late Shri Ramuram, Aged About 36 Years, R/o Sarpanch Ki Dhani Bangarh, Tehsil Nawa, District Nagaur (Raj.) (At Present Confined In Sub Jail Sambhar Lake). ----Accused-Applicant Versus The State Of Rajasthan through its Public Prosecutor ----Non-Applicant For Petitioner(s) : Mr. Anshuman Saxena For Respondent(s) : Mr. Rishiraj Singh Rathore, P.P. Mr. Rinesh Kumar Gupta HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 24/01/2025 The present second bail application has been filed under Section 483 B.N.S.S. (previously 439 Cr.P.C.). The petitioner has been arrested in connection with FIR No.0060/2021 registered at Police Station Sambhar, District Jaipur Rural for the offence(s) under Section(s) 147, 148, 149, 302, 323 & 188 of IPC and Section 51 of the Disaster Management Act, 2005 (for brevity “the Act of 2005”) and later on for the offence(s) under Section(s) 147, 148, 149, 302, 323, 435, 447 & 188 of IPC, Section 51 of the Act of 2005 and Section 5 of the Epidemic Disease Act, 2020. It is contended by learned counsel for the petitioner that he is in custody since 11.06.2021 and out of total 41 prosecution witnesses, only eighteen witnesses have been examined so far. Inviting attention of this Court towards the contents of the FIR lodged by son of the deceased, an injured eye-witness-himself, he [2025:RJ-JP:3519] (2 of 3) [CRLMB-13063/2024] would submit that there is an allegation against the two co- accused person of trampling down the deceased under a four- wheeler vehicle including the petitioner and another accused namely, Raju Nehra has already been extended benefit of bail by this Court. He submits that out of total fifteen charge-sheeted accused-persons, fourteen persons have already been extended benefit of bail barring the petitioner whose case is not distinguishable from the case of these co-accused person. He, therefore, prayed for his release on bail. Although, learned Public Prosecutor assisted by learned counsel for the complainant opposed the second bail application; but, could not dispute that similarly situated co-accused person have already been extended benefit of bail by this Court and case of the petitioner is not distinguishable from their cases. Heard. Considered. Taking into consideration the contentions advanced by learned counsels for the respective parties, the nature of allegations against the petitioner, 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 second bail application is allowed and it is directed that accused-petitioner Ratan S/o Late Shri Ramuram shall be released on bail under Section 483 B.N.S.S. (439 Cr.P.C.) 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 [2025:RJ-JP:3519] (3 of 3) [CRLMB-13063/2024] 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. (437(3) Cr.P.C.). (MAHENDAR KUMAR GOYAL),J Manish/10