DEVKARAN @ KALA SON OF SHRI RAMNIWAS v. STATE OF RAJASTHAN
CRLMB/1081/2025 · 2025-01-23
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4420 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4420 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:3357] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1081/2025
1. Devkaran @ Kala Son Of Shri Ramniwas,
2. Rahul Son Of Mawasiram, Both Are Resident Of Khedi, Police Station Kotkasim, District Khairthal Tijara (Raj.) (At Present Accused Petitioners Confined In Kishangarhbas Jail) ----Accused-Petitioners Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Raj Kumar Kasana, Adv. For Respondent(s) : Mr. N.S. Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 23/01/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.599/2024 registered at Police Station Mundawar, District Khairthal-Tijara for the offences punishable under Sections 191(2), 191(3), 190, 121(1), 132, 109(2) of BNS, 2023, Section 3 of PDPP Act, Sections 4/21 of MMDR Act and Sections 48/68 of MMCR Act.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submits that the petitioners are not named in the FIR and simply on the basis of one video wherein, the petitioners are visible, arrest of the petitioners have been made. He further submits that no overt act is appearing against the petitioners in the video. He contends that there are no criminal antecedents
[2025:RJ-JP:3357] (2 of 3) [CRLMB-1081/2025] against the petitioners and trial of the case will take considerable time. He further contends that the petitioners are in custody since 06.01.2025 and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
learned counsel for petitioners.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially the fact that petitioners are not named in the FIR; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioners – 1. Devkaran @ Kala Son Of Shri Ramniwas and 2. Rahul Son Of Mawasiram shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that each of them shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
[2025:RJ-JP:3357] (3 of 3) [CRLMB-1081/2025]
7. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J MADAN/252