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[2025:RJ-JP:51330] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16695/2025
1. Dilkhush Son of Banesingh, Aged About 23 Years, Resident Of Village Pareeta, Tehsil Karauli, Police Station Kudgaon, District Karauli (Rajasthan) (Presently Confined In Central Jail Jaipur)
2. Aashik Son Of Udayraj, Aged About 22 Years, Resident Of Village Meena Badoda, Tehsil Wazirpur, Police Station Wazirpur, Distirct Sawai Madhopur (Rajasthan) ( Presently Confined In Central Jail Jaipur) ----Petitioners Versus The State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Rahul Sharma Mr. Rahul Sonal for Mr. Rajneesh Gupta For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG Mr. Tapesh Agarwal, PP Mr. Rishiraj Singh Rathore, PP with Mr. Vinod Sharma HON'BLE MR. JUSTICE ANAND SHARMA
Order 18/12/2025
1. This criminal miscellaneous bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.606/2025 registered at Police Station Kho Nagoriyan, District Jaipur City (East) for the offences punishable under Sections 190, 109(1), 324(4) of the B.N.S., 2023 and Sections 3 and 25 of the Arms (Amendment) Act, 2019.
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2.
Learned counsel for the petitioners, at the outset, prays for withdrawal of this bail application qua petitioner No.2-Aashik with liberty to file the same after filing of the charge-sheet.
3. While arguing for petitioner No.1, learned counsel for the petitioners submits that in the FIR, none of the accused has been named by the complainant, however, in his statements under Section 180 BNSS although he has named certain accused yet name of the petitioner No.1 has not been taken by him. He submits that in the similar circumstances, the Co-ordinate Bench of this Court vide order dated 01.12.2025 passed in S.B. Criminal Miscellaneous Bail Application No.14709/2025 has released the co- accused-Khushiram on bail. Case of the petitioner No.1-Dilkhush is also similar to co-accused Khushiram, hence, the prayer has been made to grant the similar benefit of bail to the petitioner.
4. Learned Public Prosecutor has vehemently opposed the bail application.
5. Considered the submissions made at Bar.
6. In the light of the submissions made by learned counsel for the petitioners as well as on perusal of statements of injured under Section 180 B.N.S.S., where he has not named the petitioner No.1-Dilkhush and in the light of the fact that co- accused Khushiram has already been enlarged on bail in the similar circumstances by the Co-ordinate Bench of this Court; this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner No.1-Dilkhush on bail.
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7. Accordingly, this Bail Application is hereby allowed. The accused-petitioners Dilkhush Son of Banesingh, shall be released on bail in pursuance of FIR No.606/2025 registered at Police Station Kho Nagoriyan, District Jaipur City (East) on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner No.1-Dilkhush 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. (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.
8. So far as the petitioner No.2 is concerned, the bail application stands dismissed as withdrawn with liberty to file after filing of the challan.
(ANAND SHARMA),J SOURAV /527