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2025 DAILYLAW 38201 (RAJ)

AVINASH S/O SUKHARAM v. STATE OF RAJASTHAN

CRLMB/14152/2025 · 2025-11-14

Chandra Prakash Shrimali

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:45836] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14152/2025 Avinash S/o Sukharam, R/o Umrara, Police Station Saipau, District Dholpur (Raj.) (At Present confined in District Jail, Dholpur). ----Accused-Petitioner Versus State of Rajasthan, through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14153/2025 1. Michael S/o Yogendra, Resident of Jotroli, Police Station Rudawal, District Bharatpur (Raj.) (At Present Confined In District Jail, Dholpur). 2. Kuldeep S/o Bablesh, R/o Raseelpur, Police Station Rudawal, District Bharatpur (Raj.) (At Present Confined In District Jail, Dholpur). ----Petitioners Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Anil Jain For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP HON’BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Order 14/11/2025 1. These bail applications have been filed by the accused- petitioners under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, who have been arrested in connection with FIR No.369/2025 registered at Police Station Saipau, District Dholpur for the offences under Section 303(2) of BNS. [2025:RJ-JP:45836] (2 of 3) [CRLMB-14152/2025] 2. Learned counsel for the petitioners submit that the accused- petitioners are innocent and they have been falsely implicated in these cases. He further submits that no recovery has been made from the petitioners. He also submits that the accused-petitioners have been in judicial custody since 10.10.2025 and the conclusion of the trial will take long time, hence, petitioners may be enlarged on bail. 3. Learned Public Prosecutor appearing for the State has vehemently opposed the bail applications. 4. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record. 5. Taking into consideration the nature of allegation levelled against the accused-petitioners regarding theft of articles from the school but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioners on bail. 6. Accordingly, these bail applications are allowed and it is ordered that the accused-petitioners (1) Avinash S/o Sukharam (2) Michael S/o Yogendra (3) Kuldeep S/o Bablesh be released on bail provided they furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned Trial Court for their appearance before the Court concerned on all subsequent dates of hearing and as and when called upon to do so. 7. Considering the criminal antecedents of the accused- petitioners, it is directed that in case, if they are found to be [2025:RJ-JP:45836] (3 of 3) [CRLMB-14152/2025] involved in offences of similar nature, the prosecution shall be at liberty to file an application for cancellation of the bail granted to the accused-petitioners by this Court. (CHANDRA PRAKASH SHRIMALI),J GARIMA /95-96