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2025 DAILYLAW 46939 (RAJ)

AWDESH KHATIK S/O RAMESHCHAND v. STATE OF RAJASTHAN

/14082/2025 · 2025-10-31

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:43764] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 14082/2025 Awdesh Khatik S/o Rameshchand, Aged About 26 Years, R/o Dubliya Police Station Sunel District Jhalawar (Raj) At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 31/10/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Awdesh Khatik S/o Rameshchand seeking bail in respect of a criminal case registered as FIR No.170/2025 dated 02.09.2025 registered at P.S. Sunel, District - Jhalawar, for the offence under Sections 115(2), 126(2), 119(1), 3(5) of BNS. The first bail application of petitioner was dismissed as withdrawn on 23.09.2025 but bail application of Heeralal Meghwal was granted by this Court on 23.09.2025. 2.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 [2025:RJ-JP:43764] (2 of 3) [CRLMB-14082/2025] jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that first bail application of petitioner was dismissed as withdrawn on 23.09.2025 but bail application of Heeralal Meghwal was granted by this Hon’ble Court on 23.09.2025. He further submitted that except two more criminal cases, no criminal antecedent is reported against the petitioner. He also submitted that case of petitioner is in parity with accused Heeralal and petitioner is entitled for bail. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 23.09.2025, this Court has granted bail to Heeralal Meghwal but dismissed the bail application of Awdesh Khatik as withdrawn. Now charge-sheet has been filed. The material on record clearly indicated that complainant Durgalal has alleged intimidation and extortion against present petitioner and after investigation, police has found involvement of petitioner. The petitioner is in custody since his arrest on 04.09.2025. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in [2025:RJ-JP:43764] (3 of 3) [CRLMB-14082/2025] the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 8. Thus, the instant bail application filed on behalf of applicant- accused Awdesh Khatik S/o Rameshchand, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /26