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2025 DAILYLAW 34094 (RAJ)

RAMANUJ S/O RAMKUMAR PANDEY v. STATE OF RAJASTHAN

CRLMB/15306/2024 · 2025-02-18

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:7123] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15306/2024 1. Ramanuj S/o Ramkumar Pandey, Aged About 46 Years, R/o Kotiya Mubarkpur Police Station Raje Sultanpur District Ambedkar Nagar, Up At Present A 301-C, Begam Vihar Police Station, Begampur Uttar Paschim Delhi. 2. Ranjeet Kumar @ Munna S/o Parshuram Singh, Aged About 36 Years, R/o Godna Koyri Tola Ribilganj, Police Station Ribilganj, District Chhapra At Present Rz 22-A, Deep Enclave, Part4, Vikasnagar, Uttan Nagar, Police Station Ranhola District Paschim Delhi. ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Prakash Thakuriya For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Chandra Shekhar Mr. Mukesh Kumar, IO Chopanki Bhiwadi HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 18/02/2025 1. The instant application for bail has been filed under Section 483 BNSS, on behalf of the petitioners, who have been arrested in connection with FIR No.289/2024 registered at Police Station Chopanki, District Bhiwadi (Raj.) for the offences punishable under Sections 306 & 316(3) of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023. Later on, police filed charge-sheet for the offences punishable under Sections 306, 316(3) & 61(2)(b) of BNS, 2023 (corresponding to sections 381, 407 and 120B of IPC). [2025:RJ-JP:7123] (2 of 3) [CRLMB-15306/2024] 2. Learned counsel for the accused petitioners submits that petitioners have falsely been implicated in this case. Learned counsel submits that alleged offences are triable by Magistrate. It is submitted that CCTV footage has been collected in this matter and analysis of the said footage reveals that face of the person appearing in the footage is not clearly visible. It is submitted that Investigating Agency failed to collect evidence with regard to the fact that who deposited such huge amount in the bank account of petitioner- Ramanuj and no evidence is available on record against petitioner- Ranjeet Kumar with regard to any amount being transferred in his bank account. There are no criminal antecedents of similar nature against the petitioners. Charge-sheet has been filed and trial will take considerable time in its conclusion. Petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the bail application. It is submitted that petitioners are employee of the company and there is serious allegation against them of stealing 125 ton of goods (wire rod). It is also evident from the charge-sheet that within a short span of time, huge transactions have been made in the bank account of petitioner- Ramanuj and as far as petitioner- Ranjeet Kumar is concerned, he was Manager of the company and it was his duty to verify the stock of goods. It is submitted that offences have been found proved against the petitioners and charge-sheet has been filed against them. [2025:RJ-JP:7123] (3 of 3) [CRLMB-15306/2024] 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced at bar, as also considering the material made available before me in the form of charge-sheet, more particularly the fact that huge transactions have been made in the bank account of petitioner- Ramanuj and as such burden lies upon the petitioner to explain how he received such huge amount in his bank account. Thus, looking to the gravity of offence, I do not find it a fit case to enlarge the petitioners on bail. 6. Accordingly, this bail application is dismissed. 7. However, petitioners would be at liberty to renew the prayer of bail under Section 437(6) of Cr.P.C. (corresponding to Section 480(6) of BNSS) before the learned trial court at appropriate stage. 8. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /73