ASHU KUMAR S/O SHRI HARI PRASAD v. STATE OF RAJASTHAN
CRLMB/17042/2025 · 2025-12-19
Anand Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40499 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40499 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:51709] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 17042/2025 Ashu Kumar S/o Shri Hari Prasad, Aged About 22 Years, R/o Sirra Ki Dhani, Dausa, Police Station Kotwali, Dausa, District Dausa (Raj.) (Accused Applicant In Jail At Dausa). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Fateh Ram Meena with Mr. Akash Sharma For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA
Order 19/12/2025
1. This criminal miscellaneous bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.438/2025 registered at Police Station Kotwali (Dausa), District Dausa for the offences punishable under Sections 140(2), 308(3) and 3(5) of BNS.
2.
Learned counsel for the petitioner submits that the contents of FIR would reveal that the complainant himself has expressed that the alleged incident of abduction was never concluded, nor was there any transfer of money. Learned counsel further submits that the name of the petitioner along with one accused Abhishek was although specifically mentioned in the FIR, yet quite maliciously complainant later on entered into compromise with Abhishek and supported him in his bail application. He is behind the bars since 08.12.2025 and trial is likely to take considerably long time. Hence, a prayer has been made to enlarge the petitioner on bail.
[2025:RJ-JP:51709] (2 of 2) [CRLMB-17042/2025]
3. Learned Public Prosecutor has vehemently opposed this bail application.
4. Having heard learned counsel for the petitioner as well as learned Public Prosecutor and in view of the fact that the contents of FIR do not reveal completion of alleged offence of abduction and the other person named in the FIR has already been enlarged on bail, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail.
5. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Ashu Kumar S/o Shri Hari Prasad shall be released on bail in pursuance of FIR No. 438/2025 registered at Police Station Kotwali (Dausa), District Dausa on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioners shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court.
(ANAND SHARMA),J DIVYA /108