RAKESH KUMAR SON OF SHRI PHOOLCHAND v. STATE OF RAJASTHAN
CRLMB/8260/2025 · 2025-08-08
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37772 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37772 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:30965] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8260/2025 Rakesh Kumar Son of Shri Phoolchand, Aged About 32 Years, Resident Of Chak, Police Station Dantaramgarh, District Sikar (Raj.) ( At Present In District Jail Sikar) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Ram Prasad Sharma for Mr. Prahlad Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 08/08/2025
1. This instant application for bail filed under Section 483 of BNSS by the petitioner-accused in FIR No.17/2025 dated 16.01.2025 registered at P.S. Dantaramgarh, District - Sikar, whereby the petitioner-accused has charged under Sections 307, 318(4), 316(2), 351(2) and 351(3) of BNS, 2023.
2. The petitioner was arrested on 05.06.2025 and has in judicial custody since then. The Court below has dismissed the bail application.
3.
Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. Learned counsel for the petitioner submits that this petitioner accused is neither named in FIR nor his specific role is assigned by the witnesses. He further submits that a person
[2025:RJ-JP:30965] (2 of 4) [CRLMB-8260/2025] Ratanlal named in FIR has already granted bail by a Co- ordinate Bench of this Hon’ble Court. He further submits that there is no evidence to connect this petitioner with the incident. He also submits that this petitioner is in custody and investigation/trial will take time. Further he submits that the investigation relating to present petitioner-accused is completed and is no more required by the Investigating Agency for investigation. He further assures that in case, the petitioner-accused is required for further investigation, the petitioner-accused will be available for such investigation. 4. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted report received from PS Dantaramgarh along with case diary. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 11.12.2024, a complaint is filed to the Superintendent of Police, Sikar by complainant Birdaram about robbery and cheating of ₹4,35,000/- on 30.11.2024 and 01.12.2024. A person named in FIR Ratan Lal @ Ramu Ram was released on bail by a Co-ordinate Bench on 25.06.2025 in S.B. Criminal Bail Application No.8002/2025. There is one case against Ratan Lal other than present one. 7. The present petitioner accused is arrested on 05.06.2025 and since then he is in custody. As per police, three other cases were registered against him but interrogation note suggests that total nine incidents were committed by the petitioner Rakesh Kumar and this interrogation note is
[2025:RJ-JP:30965] (3 of 4) [CRLMB-8260/2025] written by S.I. of P.S. Dantaramgarh. The interrogation note further suggests that some of the cases were not registered in police station. The investigation is completed. Earlier report submitted by the police to the trial Court on 21.06.2025 has suggested two cases against the petitioner. 8. Upon hearing the arguments and perusing the record, we have found that the petitioner-accused is no more required in the investigation and he is in custody for quite some time.
The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the petitioner-accused. 9. Thus, the instant bail application filed on behalf of petitioner- accused is hereby allowed and the petitioner-accused Rakesh Kumar son of Shri Phoolchand is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The petitioner-accused shall not tamper with
evidence or influence the witness in any manner. (ii) The petitioner-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioner-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. [2025:RJ-JP:30965] (4 of 4) [CRLMB-8260/2025] (iv) On first Monday of every month, the petitioner-accused will mark his attendance at Police Station
Dantaramgarh, District Sikar till disposal of criminal case. (v) In case of any violation of above conditions, the bail granted to the petitioner-accused shall be liable to be cancelled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/203