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2025 DAILYLAW 40252 (RAJ)

DHARMENDRA S/O HARILAL v. STATE OF RAJASTHAN

/8868/2025 · 2025-09-19

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:38997] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8868/2025 Dharmendra S/o Harilal, R/o Khandeep, Police Station Wazirpur, District Sawai Madhopur (Raj.). (At Present Confined At District Jail, Karauli). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Babu Lal Yogi and Mr. Girriraj Prasad Sharma for Mr. Jai Kishan Yogi For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 19/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Dharmendra S/o Harilal, seeking bail in respect of a criminal case registered as FIR No.25/2025 dated 18.02.2025 registered at P.S. Sadar Karauli, District - Karauli, for the offence under Sections 303(2) and 317(2) of BNS. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the [2025:RJ-JP:38997] (2 of 3) [CRLMB-8868/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that except criminal antecedents there is no material on record to show involvement of present petitioner. He also submitted that co- accused Rajesh and Bhavesh were enlarged on bail by trial court. He further submitted that no recovery is effected from present petitioner and all criminal cases were registered prior to year 2010. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He submitted list of criminal cases registered against petitioner. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 18.02.2025, Mahesh Chand, ASI has intercepted a tractor and a car and found certain persons in suspicious condition and travelling without possessing any documents of vehicle. After registration of case, police has investigated the matter. The police came to know that a tractor was stolen from P.S. Mehndwas, Tonk and for which FIR No. 30/2025 is already registered. The police has found involvement of Rajesh, Dharmendra, Bhartya, Bhawesh and Raj Mohan. After investigation, police has filed a charge-sheet. Present petitioner is in custody since 18.02.2025. There are 31 criminal cases registered against the petitioner and mostly are of theft or as receiver of stolen property. Co-accused [2025:RJ-JP:38997] (3 of 3) [CRLMB-8868/2025] Mohaniya is already granted bail by a Co-ordinate Bench of this Court on 08.09.2025. 7. In case of State of Karnataka Vs. Sri Darshan Etc. 2025 INSC 979 Hon’ble Supreme Court has referred criminal antecedents as one of the grounds not to grant bail to accused therefore considering the criminal antecedent and regular involvement of accused in identical nature of cases, it is not a fit case to enlarge petitioner on bail. 8. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 9. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 10. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Dharmendra S/o Harilal, is hereby dismissed. (ASHOK KUMAR JAIN),J PREETI VALECHA /74