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2025 DAILYLAW 38404 (RAJ)

AMIT KUMAR @ BANTI S/O SUBHASH @ SANJAY KUMAR v. STATE OF RAJASTHAN

CRLMB/9021/2025 · 2025-10-28

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:43254] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9021/2025 Amit Kumar @ Banti S/o Subhash @ Sanjay Kumar, Aged About 36 Years, R/o Sawnlod, Police Thana Singhana Dist. Jhunjhunu. (Accused At Presently Confined In Khetri). ----Applicant Versus State Of Rajasthan, Through Its PP, Khetri Raj. ----Non-Applicant For Applicant(s) : Mr. Omveer Singh Saini For Non-Applicant(s) : Mr. Rhishi Raj Singh Rathore, PP HON’BLE MR. JUSTICE SAMEER JAIN Judgment 28/10/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 306/2022 registered at Police Station Singhana District Jhunjhunu for the offence(s) under Sections 341, 323, 302, 34 of IPC. 2. Learned counsel for the accused-applicant has submitted that applicant is aged 36 years and is sole bread earner of the family. Learned counsel has referred to D.B. Criminal Misc. Suspension of Sentence Application (Appeal) No.5/2025 titled as Manish Kumar Versus State of Rajasthan wherein vide order dated 04.03.2025 after a conviction, applicant has been released, after undergoing custody of two years. It is submitted that deceased was grand-father of the accused, the eye witnesses have turned hostile. [2025:RJ-JP:43254] (2 of 2) [CRLMB-9021/2025] 3. Learned Public Prosecutor has opposed the instant bail application and has submitted that matter is heinous in nature. 4. Having heard the submissions made by the learned counsel representing parties, upon a perusal of the material available on record, and taking note of the fact that applicant is in custody from two years (behind bars ever-since 19.10.2023); that co- accused upon conviction in SOSA has been released under similar factual narrative; that applicant is sole bread earner of the family and relied upon witnesses have turned hostile, however, without commenting upon the merits/demerits of the case, this Court is inclined to enlarge the accused-applicant on bail. 5. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicant Amit Kumar @ Banti S/o Subhash @ Sanjay Kumar shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SAMEER JAIN),J DEEPAK/36