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2025 DAILYLAW 32865 (RAJ)

YASHODANANDAN @ KAPIL S/O BABULAL v. STATE OF RAJASTHAN

CRLMB/14100/2024 · 2025-01-17

Anil Kumar Upman

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:2384] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12042/2024 Naresh S/o Shri Prakash, Aged About 22 Years, R/o Goyanda Road, Hiriyakhedi, P.s Ramganjmandi, District Kota (Raj.) (At Present Confined In Central Jail, Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 13922/2024 1. Deepak S/o Bhagirath, Aged About 23 Years, R/o Goyanda Road Khairabad, Police Station- Ramganjmandi, District- Kota (Rajasthan). 2. Trilok Alias Kalu S/o Babulal, Aged About 22 Years, R/o Goyanda Road Hiriyakhedi, Police Station- Ramganjmandi, District - Kota (Rajasthan) 3. Pawan S/o Kalu Lal, Aged About 22 Years, R/o Goyanda Road Hiriyakhedi, Police Station- Ramganjmandi, District-Kota (Raj.) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 14100/2024 Yashodanandan @ Kapil S/o Babulal, Aged About 23 Years, R/o Hariakhedikhairabad, Police Station Ramganjmandi, District Kota (Rajasthan) (Presently Confined In Sub Jail At Ramganjmandi). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Wasim Akram Mr. Rajesh Gadwal Mr. Gaurav Rathore [2025:RJ-JP:2384] (2 of 4) [CRLMB-12042/2024] Ms. Nikita Bhandari For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/01/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.349/2024 registered at Police Station Ramganjmandi, District Kota Gramin (Rajasthan) for the offences punishable under Sections 126(2), 115(2) & 3(5) of BNS. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 126(2), 115(2), 109(1), 117(2), 190 & 191(2) of BNS. 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submit that except one head injury sustained to the injured, other injuries are simple in nature. Counsel submits that petitioners are in custody since their date of arrest and trial will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that petitioners are duly named in the FIR and they actively participated in the commission of crime. Counsel submits that several other cases have been registered against the petitioner Pawan S/o Kalu Lal. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of [2025:RJ-JP:2384] (3 of 4) [CRLMB-12042/2024] the case; considering the arguments advanced by learned counsel for the petitioners, as also considering the nature of injuries; charge-sheet has been filed in this matter; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Naresh S/o Shri Prakash, Deepak S/o Bhagirath, Trilok Alias Kalu S/o Babulal, Pawan S/o Kalu Lal & Yashodanandan @ Kapil S/o Babulal shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that they 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. 7. Any observation made hereinabove is only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. 8. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioners. In case the petitioners fail to mark their presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned [2025:RJ-JP:2384] (4 of 4) [CRLMB-12042/2024] Court in this regard. 10. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to them by this Court. (ANIL KUMAR UPMAN),J LALIT MOHAN /80-82