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2025 DAILYLAW 42344 (RAJ)

KAMLESH KUMAR S/O HARPHOOL v. THE STATE OF RAJASTHAN

CRLMB/12844/2025 · 2025-10-17

Baljinder Singh Sandhu

body2025

Judgment text

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[2025:RJ-JP:42801] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12844/2025 Kamlesh Kumar S/o Harphool, R/o Beerpur, Police Station Tehla, District Alwar At Present Sarpanch, Gram Panchayat Beegota, Police Station Tehla, District Alwar (At Present Confined In Sub- Jail Kolana, Bandikui.) ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajeev Surana, Sr. Adv. Mr. Umang Jain Mr. Anuj Rohilla For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU Order 17/10/2025 This bail application has been filed by the petitioner under Section 483 BNSS seeking regular bail in FIR No.110/2025 registered at Police Station Baswa, District Dausa for the offence(s) under Section(s) 143(3), 127(2), 308(7) and 61(2) of BNS, 2023. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel for the petitioner further submits that as per the allegations leveled by the complainant-Dharampal Meena, the story seems to be highly improbable and it is stated that the other co-accused person namely Kampuri Meena had asked the complainant to help her as she was in a poor financial condition [2025:RJ-JP:42801] (2 of 3) [CRLMB-12844/2025] and in pursuance thereof she went to meet her and thereafter it is alleged that he was kidnapped and an amount of Rs.10 lakh was exhorted from the petitioner. It is further stated that it is a political rivalry in the village and the petitioner is the elected Sarpanch at present. Learned counsel for the petitioner submits that no offence under Section 143(3) is made out and other offences are triable by Magistrate and he is in custody since 19.09.2025. Learned Public Prosecutor appearing for the State has opposed the bail application. Learned counsel for the complainant has opposed the bail application and stated that he is involved in several cases and six cases are mentioned in the FIR. Heard learned counsel for the parties. The complainant had on his own will has gone to meet Kampuri late at night and thereafter he had also gone to the room with her in a hotel. Thereafter, it is alleged that the incident took place, which raises suspicion as to how at the first instance the complainant came into contact with Kampuri Meena and then went with her. The petitioner is an elected Sarpanch and there seems to be some political rivalry. Six cases are still pending against the petitioner, however it is informed that out of them in three he has been acquitted and in other cases offences are relating to Sections 323 and 341 IPC. Taking into consideration the overall facts and circumstances of the case, 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. [2025:RJ-JP:42801] (3 of 3) [CRLMB-12844/2025] Accordingly, the bail application filed under Section 483 BNSS is allowed and it is ordered that petitioner Kamlesh Kumar S/o Harphool, 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 DIKSHA MISHRA /149