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2025 DAILYLAW 32639 (RAJ)

VIKAS KUMAWAT S/O CHAND MAL v. STATE OF RAJASTHAN

CRLMB/13798/2024 · 2025-01-07

Praveer Bhatnagar

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Judgment text

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[2025:RJ-JP:997] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.13798/2024 1. Vikas Kumawat S/o Chand Mal, Aged About 21 Years, R/o Ward Number 11, Pachar Police Station Dataramgarh, District Sikar (At Present Confined At District Jail Sikar). 2. Jitendra Kumar Kumawat @ Shankarlal S/o Chand Mal, Aged About 24 Years, R/o Ward Number 11, Pachar Police Station Dataramgarh, District Sikar (At Present Confined At District Jail Sikar). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sudarshan Kumar Laddha, Adv. For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/01/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.289/2024, registered at Police Station Dataramgarh, District Sikar, for the offence(s) under Sections 126(2), 115(2) and 109(1) of B.N.S. 2. Learned counsel for the petitioners submits that the accused- petitioners have falsely been implicated in this case. The accused- petitioners are in custody since long, and the material witnesses i.e. injured PW.1 Sunil Kumar Kumawat, PW.2 Lachhi Devi and PW.3 Manju Devi have turned hostile and not supported the [2025:RJ-JP:997] (2 of 2) [CRLMB-13798/2024] prosecution story, further trial of the case may take considerable time, therefore, considering the fact that material witnesses have turned hostile and not supported the prosecution story, the bail application of the accused-petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. 4. Heard and perused the material available on the record. 5. Considering the fact that PW.1 injured Sunil Kumar Kumawat and PW.3 Manju Devi have turned hostile and not supported the prosecution story, other eye-witness PW.2 Lachhi Devi is also turned hostile and not supported the prosecution story, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioners namely, 1. Vikas Kumawat S/o Chand Mal and 2. Jitendra Kumar Kumawat @ Shankarlal S/o Chand Mal, in connection with FIR No.289/2024, registered at Police Station Dataramgarh, District Sikar, shall be enlarged on bail provided they furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR), J Ashwani Kr Srivastava /-160