KAMLESH KUMAR ALIAS KAMAL RATHORE S/O RAMESH CHAND v. STATE OF RAJASTHAN
CRLMB/13500/2025 · 2025-10-17
Baljinder Singh Sandhu
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 41782 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41782 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:42829] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13500/2025 Kamlesh Kumar Alias Kamal Rathore S/o Ramesh Chand, Aged About 45 Years, R/o Navalpura Mohalla Sunel Police Station Sunel Hal R/o Surajpole Gate Madan Vihar Colonyjhalrapatan Police Station Jhalrapatan District Jhalawar (Raj.) ( Accused Petitioner At Present Confined In Jail Jhalawar) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Dushyant Singh Naruka For Respondent(s) : Mr. Vijay Singh Yadav, P.P. Mr. Tapesh Agarwal, P.P.
HON’BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order 17/10/2025 This bail application has been filed by the petitioner under Section 483 BNSS/439 Cr.P.C. seeking regular bail in FIR No.194/2025 registered at Police Station Jhalra Patan, District Jhalawar for the offence(s) under Section(s) 318(4), 338, 336(3), 340(2) & 61(2) of BNS.
Learned counsel further submits that the allegation in the FIR are pertaining to sale of medicines under the RGHS Scheme on forged bills. Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case as the entire sale of the medicine is through online portal and the OTP is received by the card holder and further investigation from the accused-petitioner is not needed. Learned counsel also submits that co-accused namely, Rahul has already
[2025:RJ-JP:42829] (2 of 2) [CRLMB-13500/2025] been enlarged on bail by a Co-ordinate Bench of this Court.
Learned counsel further submits that accused-petitioner has been in judicial custody since 27.08.2025 and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail. Learned Public Prosecutor appearing for the State has opposed the bail application. Taking into consideration the overall facts and circumstances of the case, on perusal of the case diary and the fact that offence(s) are triable by Magistrate, absence of criminal antecedents against the petitioner and the fact that co-accused has already been enlarged on bail by a Co-ordinate Bench of this Court, but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail. Accordingly, the bail application filed under Section 483 BNSS/439 Cr.P.C. is allowed and it is ordered that accused- petitioner Kamlesh Kumar Alias Kamal Rathore S/o Ramesh Chand shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.
(BALJINDER SINGH SANDHU),J DANISH USMANI /635