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2025 DAILYLAW 41978 (RAJ)

SAGAR S/O LAXMINARAYAN v. STATE OF RAJASTHAN

CRLMB/17023/2025 · 2025-12-19

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:51708] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 17023/2025 Sagar S/o Laxminarayan, Aged About 23 Years, R/o Haripura, Police Station Sadar Dausa, District Dausa (Rajasthan) (Presently Confined In District Jail, 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 petitioner has not been specifically named in the FIR and although name of Abhishek was specifically mentioned in the FIR, yet, later on the complainant allegedly entered into compromise with Abhishek and supported him in getting the bail in respect of present FIR. Learned counsel further submits that the contents of FIR are quite clear that the alleged incident of abduction had never completed, nor was there any transfer of ransom/amount by any of the accused, even named in the FIR. Learned counsel [2025:RJ-JP:51708] (2 of 3) [CRLMB-17023/2025] submits that Abhishek has already been granted bail by this Court vide order dated 16.10.2025 passed in S.B. Criminal Miscellaneous Bail Application No.13020/2025, whereas, case of the petitioner is at far better footings. Hence, a prayer has been made to enlarge the petitioner on bail. 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 petitioner's named was not specifically mentioned in the FIR and as per the FIR itself the alleged offence of abduction had never actually completed, nor is there any allegation of transfer of money, 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 Sagar S/o Laxminarayan 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-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. [2025:RJ-JP:51708] (3 of 3) [CRLMB-17023/2025] (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 /107