[2025:RJ-JP:920] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16377/2024 1. Mukesh Kumar S/o Ramkishan, Aged About 35 Years, R/o Ekda, District Sawai Madhopur (Raj.) (Accused Presently Confined Under District Jail Sawai Madhopur, Raj.). 2. Prathvi Raj S/o Ramkishan, Aged About 38 Years, R/o Ekda, District Sawai Madhopur (Raj.) (Accused Presently Confined Under District Jail Sawai Madhopur, Raj.). 3. Dharmaraj @ Dharmendra S/o Ramkishan, Aged About 30 Years, R/o Ekda, District Sawai Madhopur (Raj.) (Accused Presently Confined Under District Jail Sawai Madhopur, Raj.). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Akshay Yadav For Respondent(s) : Mr. N.S. Dhakad, PP Mr. S.N. Jat HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/01/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.141/2021 registered at Police Station Chauth Ka Barwada, District Sawai Madhopur for the offences under Sections 147, 148, 149, 323, 341, 336 and 302 of IPC. 2. It is contended by learned counsel for the petitioners submits that the accused-petitioners have falsely been implicated in this case. Learned counsel further submits that omnibus allegations have been levelled against the petitioners in the FIR. Learned [2025:RJ-JP:920] (2 of 3) [CRLMB-16377/2024] counsel further submits that Bhajanlal died in police custody and, therefore, vide order dated 31.05.2021 compensation to the tune of Rs.5,00,000/- was awarded to the wife of the deceased by the State Government. Learned counsel further submits that since role of the police was found suspicious, therefore, entire police team was temporarily sent to headquarters (Police Line). It is also contended that tainted investigation has been conducted in this matter in order to save the skin of real culprits. Learned counsel further submits that the petitioners are in custody since 17.10.2024 and further custody of the petitioners would not serve any fruitful purpose. Learned counsel also contends that in judicial enquiry conducted in this matter, it was come out that the deceased was illegally detained in the police station and during this period, he was beaten up and due to which he sustained injuries, for which, police personnel (mentioned in Para No.75 of the judicial enquiry) are responsible. 3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant oppose submissions made by learned counsel for petitioners. They submit that the petitioners are named in the FIR and they actively participated in the commission of crime. 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 as also the fact that vide order dated 31.05.2021, compensation of Rs.5,00,000/- was awarded to the wife of the deceased Bhajanlal by the State Government on [2025:RJ-JP:920] (3 of 3) [CRLMB-16377/2024] account of his death in police custody; entire police team was transferred to the Police Line as well as looking to the custody period of the accused petitioners, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioners-(1) Mukesh Kumar S/o Ramkishan, (2) Prathvi Raj S/o Ramkishan and (3) Dharmaraj @ Dharmendra S/o Ramkishan 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. Prima facie, it appears that no heed has been paid to the findings of the judicial enquiry. In these circumstances, Investigating Officer of this case is directed to place a copy of the report of judicial enquiry before the Director General of Police, Rajasthan, for his perusal. 8. The observation made hereinabove is only for decision of the instant bail application and will not effect trial in any manner. (ANIL KUMAR UPMAN),J MR/56