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[2025:RJ-JP:47331] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 15050/2025 Hemraj Suman S/o Dhannalal, Aged About 42 Years, R/o Babu Kirana Store Ke Samne, Raipura, Police Station Udyog Nagar, Kota. At Present Ganesh Residency, Rajnagar, Police Station Borkheda, Kota. (At Present Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Gajveer Singh Rajawat For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 18/11/2025
1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Hemraj Suman S/o Dhannalal seeking bail in respect of a criminal case registered as FIR No.669/2024 dated 11.12.2024 registered at P.S. Udhyag Nagar (Kota City) District – Kota City, for the offence under Sections 316(2), 318(4), 338, 336(3), 340(2) and 61(2)(a) of BNS, 2023.
2.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the
[2025:RJ-JP:47331] (2 of 3) [CRLMB-15050/2025] applicant undertakes not to repeat offence and cooperate with trial, which will take time.
3.
Learned counsel for the petitioner submits that first bail application was dismissed by this Hon’ble Court on 29.08.2025 now a charge-sheet has been filed against the petitioner. He further submitted that the criminal record indicate that only three criminal cases were registered against the petitioner an all three were disposed of. He also submits that the role and involvement of the present petitioner is not established from any evidence and the investigation suggest that it is a matter relating to civil nature and in such case, the petitioner is entitled to be released on bail in parity with other accused who were granted bail by this Hon’ble Court. He also submits that the disposal of criminal case will take its own time and it is triable by Magistrate First Class. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of criminal complaint lodged by Ramlal, Giriraj, Motilal and Karan about transfer of property on basis of forged power of attorney executed on 10.09.2007, the matter is investigated after registration of FIR No.669/2024 at PS Udhyag Nagar (Kota City). After investigation, police filed a charge-sheet against Latur Lal, Hemraj, Mahaveer but
[2025:RJ-JP:47331] (3 of 3) [CRLMB-15050/2025] kept pending against Banwari Sharma, Jeetu, Vikram, Bhagwan Singh, Uchavlal and Hari Narayan Soni. 7. This Court has dismissed first bail application after considering the material collected during investigation but granted bail to Lathur Lal who was more than 72 years of age. The role and involvement of the present petitioner clearly indicate that he is mastermind behind the crime. Therefore, he is not entitled to be released on bail. 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. 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 second application for bail filed under Section 483 of BNSS by the petitioner Hemraj Suman S/o Dhannalal is hereby dismissed. (ASHOK KUMAR JAIN),J MR/10