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2025 DAILYLAW 32847 (RAJ)

NIKHIL S/O RISHPAL SINGH v. STATE OF RAJASTHAN

CRLMB/13936/2024 · 2025-01-07

Praveer Bhatnagar

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Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13846/2024 Rahul S/o Shri Rampratap, Aged About 20 Years, R/o Jaisinghpura, P.s. Baswa, District Dausa (At Present Confined In District- Jail Sawaimadhopur) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 13935/2024 Somendra @ Sonu S/o Rameshwar, Aged About 20 Years, R/o Rupadi, Police Station Gadhmora, District Gangapur City. (Presently Confined In Jail At Shyalawas, District Dausa). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 13936/2024 Nikhil S/o Rishpal Singh, Aged About 19 Years, R/o Bajdoli, Police Station Shivdaspura. (At Present Petitioner Is Confined In District Jail Sawai Madhopur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Mohar Pal Meena Mr. Rajneesh Gupta Mr. Shiv Kumar Sharma Mr. Man Singh Meena Mr. Umesh Dixit For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/01/2025 1. These instant bail applications have been filed under Section 483 B.N.S.S. on behalf of the accused-petitioners. The accused- petitioners have been arrested in connection with FIR (2 of 3) [CRLMB-13846/2024] No.216/2024 registered at Police Station Soorwal, District Sawaimadhopur for the offence(s) under Sections 309(6) of B.N.S. 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. He further submits that the name of the accused-petitioners are not mentioned in the FIR and the name of other co-accused Asharam, Hukum Singh and Nitish @ Neet have been mentioned in the FIR. It is also contended that the recovery of money was effected from other co-accused Hukum Singh. It is also contended that the police did not conduct any identification parade. The accused- petitioners are in judicial custody since long and there are no criminal antecedents against the accused-petitioners, the trial/investigation of the case may take considerable time, therefore, the bail applications of the accused-petitioners may be allowed. 3. Learned Public Prosecutor vehemently opposes the bail applications. 4. Heard and perused the factual report. 5. As per the factual report, the money was recovered from the possession of the other co-accused Hukum Singh and his name is mentioned in the FIR. The police did not find involvement of the present accused-petitioners in commission of alleged offence, though the accused-petitioner Somendra @ Sonu was made accused for facilitating his vehicle to the main accused Hukum Singh, therefore, considering the above facts, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. (3 of 3) [CRLMB-13846/2024] 6. Accordingly, the bail applications under Section 483 B.N.S.S. are allowed and it is ordered that the accused-petitioners namely: (1) Rahul S/o Shri Rampratap, (2) Somendra @ Sonu S/o Rameshwar & (3) Nikhil S/o Rishpal Singh, in connection with FIR No.216/2024 registered at Police Station Soorwal, District Sawaimadhopur, 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 Deepa Rani-164-166