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2025 DAILYLAW 34431 (RAJ)

DAKSHIT S/O SHRI DHARAMVEER v. STATE OF RAJASTHAN

CRLMB/15635/2024 · 2025-02-21

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:17415] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15635/2024 Dakshit S/o Shri Dharamveer, Aged About 20 Years, R/o Chima Ka Bas, Police Station Surajgarh, District Jhunjhunu, Rajasthan. (At Present In District Jail Jhunjhunu). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Shailender Balwada For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Satish Kumar Balwada for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/02/2025 1. The instant bail application under Section 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.235/2024 registered at Police Station Surajgarh, District Jhunjhunu (Raj.) for offences punishable under Sections 191(2), 191(3), 190, 103(1), 109(1), 331(8), 331(6) and 61(2)(a) of BNS, 2023 and Section 27 of Arms Act. After completion of investigation, police has filed charge sheet in the court concerned. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He submits that co-accused has already been released on bail. After completion of investigation, police has filed charge-sheet in this matter in the court concerned. Petitioner is in custody since 10.08.2024 & trial [2025:RJ-JP:17415] (2 of 3) [CRLMB-15635/2024] of the case will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Per contra, learned State Counsel assisted by learned counsel for complainant vehemently opposes the bail application. It is submitted that actually, the deceased - Amit was having love affair with Monika, sister of accused Rinku Singh. Both got married against wishes of family members of Monika. Both started living as husband and wife. The accused-petitioner along with other co- accused persons came to the house of the deceased. They were armed with swords and pistols and they murdered the deceased. The petitioner is named in the FIR. In the said incident, the wife of the deceased also got injured. It is further submitted that two other criminal cases have also been registered against the petitioner. It is thus prayed that looking to the nature of allegations and gravity of offence, bail should not be granted to the petitioner. 4. During investigation, it has come out that the deceased Amit was murdered by the accused petitioner along with other accused persons as they were not happy with the wife of deceased Amit with Monika. The petitioner is companion of accused Rinku Singh, who is real brother of Monika. She clearly named petitioner and other co-accused persons in her statement recorded under Section 161 Cr.P.C. Four live cartridges have already been recovered at instance of the petitioner. Thus, having regard to the totality of the facts and circumstances of the case and considering the arguments advanced at bar; material made available before me in the form of charge-sheet and looking to the gravity of [2025:RJ-JP:17415] (3 of 3) [CRLMB-15635/2024] offence and seriousness of allegations, attributed against the petitioner, this court is not inclined to extend indulgence of bail to the accused petitioner. As per the prosecution case, as the petitioner and other accused persons were not happy with the love marriage of the deceased with the sister of accused Rinku Singh, the deceased was murdered by the accused persons. Thus, without commenting anything on the merits of the case, this bail application is dismissed. 5. Observation made herein is only for decision of the bail application and same would not prejudice trial in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /426