RAJENDRA PRASAD KUMAWAT S/O SHRI DHOODMAL KUMAWAT v. STATE OF RAJASTHAN
CRLMB/12784/2024 · 2025-01-08
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31875 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31875 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:1222] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12784/2024 Rajendra Prasad Kumawat S/o Shri Dhoodmal Kumawat, Aged About 42 Years, R/o Village Basdi Khurd, Police Station Kishagarh Renwal, District Jaipur Rural, At Present Shop No. 1-2, Shyam Nagar Extension, Benad Road Jaipur, Police Station Kardhani, Jaipur West. (Presently Confined In Central Jail Jaipur) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manvendra Singh Choudhary, Adv., with Mr. Mukesh Dudi, Adv. For Respondent(s) : Mr. N.S. Dhakad, PP and Mr. Dharmendra Choudhary, Adv., for complainant.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 08/01/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.1030/2024 registered at Police Station Kardhani, District Jaipur (West) for the offences punishable under Section 106(1) of BNS, 2023. Later on, Police has filed charge- sheet in this matter for the offence punishable under Section 105 of BNS, 2023.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that initially FIR was lodged for the offence punishable under Section 106(1) of BNS, 2023 (304A of
[2025:RJ-JP:1222] (2 of 3) [CRLMB-12784/2024] IPC), which is bailable in nature, later on Police has filed charge sheet for the offences punishable under Section 105 of BNS, 2023 (304 of IPC). He further submits that the petitioner is a Electro- Homeopathy Physician. He argues that there are no criminal antecedents against the petitioner and trial of the case will take considerable time. He contends that the petitioner is in custody since 25.09.2024 and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by the counsel for the petitioner. Learned counsel for the complainant submits that the petitioner was not authorised to use the allopathy medicines and injections, despite that he used the injections resulting into death of Yogesh.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that charge-sheet has been filed; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner Rajendra Prasad Kumawat S/o Shri Dhoodmal Kumawat shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of
[2025:RJ-JP:1222] (3 of 3) [CRLMB-12784/2024] Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he 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.
(ANIL KUMAR UPMAN),J MADAN/89