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2025 DAILYLAW 41403 (RAJ)

KAMLESH KUMAR S/O SHRI SHANTILAL v. STATE OF RAJASTHAN

CRLMB/13406/2025 · 2025-10-17

Anand Sharma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:42753] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13406/2025 Kamlesh Kumar S/o Shri Shantilal, R/o Relief Shop Factory Ke Samne, Nadiyad, P.s. Nadiyad Town, District Kheda (Gujarat). (Accused At Present Confined In Central Jail, Kota). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) : Mr. Jai Prakash Tiwari, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 17/10/2025 1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.311/2025 registered at Police Station Mahaveer Nagar, District Kota City for the offences punishable under Section 305(a) & 331(4) of BNS. 2. It is submitted by learned counsel for the petitioner that the petitioner has got nothing to do with the alleged offence mentioned in the FIR, however, he has been arrested with the allegation that the petitioner has purchased stolen jewellery. It is submitted that the jewellery has also been recovered from the petitioner. Petitioner is behind the bars since 16.09.2025 and no further recovery is to be made from him and trial in the instant matter is likely to take considerably long time. Hence, he prays for granting him bail. [2025:RJ-JP:42753] (2 of 2) [CRLMB-13406/2025] 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Considered the submissions made at Bar. 5. In view of the fact that the allegations levelled against the petitioner is not of committing theft but of purchasing stolen material, which has also been recovered in the instant case and looking to the fact that the alleged offences are triable by Magistrate, 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. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Kamlesh Kumar S/o Shri Shantilal shall be released on bail in pursuance of FIR No. 311/2025 registered at Police Station Mahaveer Nagar, District Kota City on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner 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 /596