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2025 DAILYLAW 35013 (RAJ)

PRASADI LAL MEENA @ RAMPRASAD MEENA S/O PUNIRAM v. STATE OF RAJASTHAN

CRLMB/16234/2024 · 2025-01-16

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:2257] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15884/2024 1. Ashok Chanda S/o Ramnarayan Meena, Aged About 20 Years, R/o Burj Ki Dhani, Village Ramchandrapura, Kheda Raniwas, Police Station Kotkhavda, Jaipur South (At Present Confined In District Jail Jaipur). 2. Ramjilal Meena @ Ramjya S/o Ramnarayan Meena, Aged About 28 Years, R/o Burj Ki Dhani, Village Ramchandrapura, Kheda Raniwas, Police Station Kotkhavda, Jaipur South (At Present Confined In District Jail Jaipur). 3. Kamlesh Meena @ Kamlya @ Kamlu S/o Laxminarayan, Aged About 27 Years, R/o Singhla Ke Dhani, Bas Bilya, Police Station Shivdaspura, Jaipur South. (At Present Confined In District Jail Jaipur). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 16234/2024 Prasadi Lal Meena @ Ramprasad Meena S/o Puniram, Aged About 20 Years, R/o Village Jagdishpura, Kheda Raniwas, P.s. Kotkhawda, Jaipur South. (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 548/2025 Ramkesh Meena S/o Chauthmal Meena, Aged About 19 Years, R/o Village Shri Kishanpura, Post Kheda Raniwas, Police Station Kotkhavda, Jaipur South. (At Present Petitioner Is Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP [2025:RJ-JP:2257] (2 of 5) [CRLMB-15884/2024] ----Respondent S.B. Criminal Miscellaneous Bail Application No. 696/2025 Vijendra Kumar Meena S/o Shri Ram Phool Meena, Aged About 20 Years, R/o Village Shrikishanpurapura, Post Kheda Rainwas, Ps Kotkhavada, Jaipur South. (Presently Confined At Central Jail, Jaipur). ----Petitioner Versus 1. State Of Rajasthan, Through PP 2. Mool Chand Meena S/o Jivan Ram Meena, R/o Grma Ramchandrapura, Kotkhawada, Jaipur City (South), Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Saurabh Sharma Mr. J.P. Gupta Ms. Gulista Bano Mr. Vijay Kumar Sharma For Respondent(s) : Ms. Manju Dave, PP Mr. Shubham Maheshwari with Mr. Tilak Vaid for the complainant. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 16/01/2025 1. These instant bail applications have been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No. 388/2023, registered at Police Station Kotkhavda, District Jaipur City (South), for the offence under Section 306 of IPC and Section 3(2) (V) of SC/ST (Prevention of Atrocity) Act. 2. Learned counsel for the petitioners submit that the accused- petitioners have falsely been implicated in this case. There is no reliable evidence to the fact that soon before the death of the [2025:RJ-JP:2257] (3 of 5) [CRLMB-15884/2024] deceased, she was instigated or abated to commit suicide by the petitioners. It is also contended that no suicidal note was recovered, the cause of death of the deceased was due to hanging. It is also argued that prior to the present incident another report was submitted by the complainant against Ramkesh, later on, in the statement of 164 of Cr.P.C. of the prosecutrix (deceased) name of the present petitioners were also shown in committing rape with the prosecutrix (Deceased). In that case, the petitioners were enlarged on bail vide orders dated 14.03.2024 and 21.03.2024. It is also argued that the complainant is having land dispute with the petitioners and false FIR was lodged against the petitioners alleging commission of rape. It is also contended that the said FIR was lodged on 21.11.2023 and the petitioners were arrested approximately after one year of the incident. The petitioners are behind the bars since 04.12.2024 and 11.12.2024, the trial of the case may take considerable time, therefore, the bail applications of the accused- petitioners may be allowed. 3. Learned Public Prosecutor as well as counsel for the complainant have vehemently opposed the bail applications. It is contended that the prosecutrix died in a suspicious circumstances and the investigation is still pending. It is also contended that prior to the incident on 11.11.2023, a complaint was lodged under Section 107 of Cr.P.C. against the persons namely Raju, Mahadev, Ram Sahai, Ramkishan and Jagdish, in which it was specifically mentioned that they were forcing the complainant to enter into the compromise in relation to FIR No.319/2023, wherein the deceased has alleged commission of rape. It is contended that all [2025:RJ-JP:2257] (4 of 5) [CRLMB-15884/2024] these persons named in the complaint are relatives of the present accused-petitioners. In the present FIR, the complainant has categorically stated that accused-petitioners were forcing and threatening the complainant party and due to that deceased committed suicide, therefore, considering the above aspect, the bail applications of the accused-petitioners deserve to be dismissed. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case. According to the factual report, the deceased committed suicide by hanging, there is no suicidal note left by the deceased, therefore, considering the period of incarceration of the accused- petitioners and taking note that the further investigation/trial of the case may take considerable time, therefore, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, these bail applications under Section 483 of B.N.S.S. are allowed and it is ordered that the accused- petitioners-(1) Ashok Chanda S/o Ramnarayan Meena, (2) Ramjilal Meena @ Ramjya S/o Ramnarayan Meena, (3) Kamlesh Meena @ Kamlya @ Kamlu S/o Laxminarayan, (4) Prasadi Lal Meena @ Ramprasad Meena S/o Puniram, (5) Ramkesh Meena S/o Chauthmal Meena and (6) Vijendra Kumar Meena S/o Shri Ram Phool Meena, in connection with FIR No.388/2023, registered at Police Station Kotkhawda, District Jaipur City (South), shall be enlarged on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned [2025:RJ-JP:2257] (5 of 5) [CRLMB-15884/2024] 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 pcg/250-253