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2025 DAILYLAW 34029 (RAJ)

RAMKAILASH S/O SHRI RAMPRASAD v. STATE OF RAJASTHAN

CRLMB/15202/2024 · 2025-01-28

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:3949] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14895/2024 1. Hemraj S/o Shri Ramprasad, Aged About 53 Years, R/o Sorsan Ki Jhopadiya, Tehsil Anta, Police Station Anta, District Baran, Rajasthan. (Accused In Central Jail, Baran) 2. Raghuvir Singh S/o Shri Rambal, Aged About 48 Years, R/o Sorsan Ki Jhopadiya, Tehsil Anta, Police Station Anta, District Baran, Rajasthan. (Accused In Central Jail, Baran) 3. Mukesh Kumar S/o Shri Mansingh, Aged About 35 Years, R/o Sorsan Ki Jhopadiya, Tehsil Anta, Police Station Anta, District Baran, Rajasthan. (Accused In Central Jail, Baran) 4. Durgashankar S/o Shri Mansingh, Aged About 44 Years, R/o Sorsan Ki Jhopadiya, Tehsil Anta, Police Station Anta, District Baran, Rajasthan. (Accused In Central Jail, Baran) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15202/2024 Ramkailash S/o Shri Ramprasad, Aged About 39 Years, R/o Sorsan Ki Jhopadiya, Tehsil Anta, Police Station Anta, District Baran, Rajasthan. (Accused In Central Jail, Baran). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rakesh Kumar For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Laxman Meena HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/01/2025 1. These instant bail applications have been filed under Section 483 of BNSS., on behalf of the petitioners, who have been [2025:RJ-JP:3949] (2 of 4) [CRLMB-14895/2024] arrested in connection with FIR No.418/2023 registered at Police Station Anta, District Baran (Raj.) for the offences punishable under Sections 341, 323, 504, 308 & 143 of IPC. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that cross cases have been registered between the parties. He submits that charge-sheet has been filed against the petitioner for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 308, 336 & 504 of IPC whereas in cross case, police filed the charge-sheet against the complainant- party for the offences punishable under Sections 307, 323, 341, 504, 324, 326, 147, 148, 149 of IPC, Sections 3(1)(S), 3(2)(va) of SC/ST Act & Sections 25(1B)(i) & 3/25 of Arms Act. Petitioners are in custody since their date of arrest. Counsel argues that trial of the case will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by learned counsel for the petitioners. 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 petitioners especially the fact that cross cases have been registered between the parties; charge sheet has been filed 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 applications. [2025:RJ-JP:3949] (3 of 4) [CRLMB-14895/2024] 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1) Hemraj S/o Shri Ramprasad, 2) Raghuvir Singh S/o Shri Rambal, 3) Mukesh Kumar S/o Shri Mansingh, 4) Durgashankar S/o Shri Mansingh & 5) Ramkailash S/o Shri Ramprasad 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. The observations made hereinabove is only for decision of the instant bail application 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, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. If any breach of these conditions is reported or come to the [2025:RJ-JP:3949] (4 of 4) [CRLMB-14895/2024] 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 GAUTAM JAIN /127-128