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2025 DAILYLAW 42208 (RAJ)

SANJIV KUMAR @ SANJAY S/O LAKHAN v. STATE OF RAJASTHAN

CRLMB/11135/2025 · 2025-09-01

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:37253] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11135/2025 Sanjiv Kumar @ Sanjay S/o Lakhan, Aged About 19 Years, R/o Barai Dalapura Ateva, Police Station Kaila Devi, District Karoli (Presently At Vatika Anand Vihar Colony, Plot No 74, Sanganer, P.s. Sanganer Sadar, Jaipur (Raj.) (At Present Accused Petitioner Confined In District Jail Sawai Madhopur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mohan Lal Harijan Mr. Rajendra Singh For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/09/2025 1. Instant application for bail is filed under Section 483 of BNSS by the petitioner-accused Sanjiv Kumar @ Sanjay S/o Lakhan in FIR No.168/2025 dated 17.05.2025 registered at P.S. Bonli, District – Sawai Madhopur, whereby the petitioner-accused has charged under Sections 305(a) and 331(4) of BNS, 2023. 2. The petitioner was arrested on 10.06.2025 and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. [2025:RJ-JP:37253] (2 of 3) [CRLMB-11135/2025] 4. Learned counsel for the petitioner submits that after concluding the investigation, a charge-sheet has been filed against the petitioner accused and trial will take time. He also submits that only two criminal cases were registered against the petitioner accused and no specific recovery is effected from him. 5. Learned Public Prosecutor has opposed the bail application. 6. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. 7. On earlier occasion, bail application of the petitioner accused was dismissed as withdrawn on 14.08.2025 and now second bail application is filed within ten days. The material on record indicate that charge-sheet has been drawn on 14.07.2025 and was accordingly filed which means prior to withdrawal of application on 14.08.2025, the charge-sheet was already filed and learned counsel is not aware about filing of charge-sheet at the time of withdrawal. The petitioner accused is involved with two other persons Gajendra Saini @ Gaju Saini who is having 7 criminal cases against him and Rohit Verma is having 9 criminal cases. Herein, the petitioner–accused has committed burglary after housebreaking at a temple. 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. [2025:RJ-JP:37253] (3 of 3) [CRLMB-11135/2025] 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 the petitioner Sanjiv Kumar @ Sanjay S/o Lakhan, is hereby dismissed. (ASHOK KUMAR JAIN),J MR/6