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2025 DAILYLAW 47528 (RAJ)

RAMPRASAD S/O DHANNA v. STATE OF RAJASTHAN

CRLMB/10225/2025 · 2025-09-04

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:38106] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10225/2025 Ramprasad S/o Dhanna, Aged About 30 Years, Police Station Todaraisingh, District Tonk, Rajasthan. (Accused Petitioner Presently Confined In Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. S.D. Dadhich Mr. Dikshant Jain For Respondent(s) : Mr. Shriram Dhakhad, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Ramprasad S/o Dhanna seeking bail in respect of a criminal case registered as FIR No.29/2025 dated 20.01.2025 registered at P.S. Nasirabad Sadar District - Ajmer, for the offence under Sections 305(A) of IPC. 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:38106] (2 of 3) [CRLMB-10225/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that an unnamed report is registered by complainant for theft in the temple and during investigation, present petitioner is identified, who entered in temple with other co-accused and committed theft. He further submitted that recovery is not sufficient to show that present petitioner is involved in the incident. He further submitted that other co-accused were granted bail by the trial court and charge-sheet has been filed against the petitioner. 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 20.01.2025 complainant Ratanlal has lodged a report about burglary from temple resulting in theft of donation box having money around ₹2.5 lacs, a report is registered against unnamed persons. During investigation, police has identified involvement of present petitioner while investigating in FIR No. 219/2025 and FIR No. 208/2024. The police has made certain recoveries after information from Suraj, Vishnu and Ram Prasad and filed charge-sheet against them. The impugned order passed by learned trial court indicated that five criminal cases were registered [2025:RJ-JP:38106] (3 of 3) [CRLMB-10225/2025] against the petitioner. It is evident that petitioner is indulged in house breaking and burglary in temple and it is likelihood that petitioner will repeat the offence after being released on bail. 7. 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. 8. 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. 9. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Ramprasad S/o Dhanna is hereby dismissed. (ASHOK KUMAR JAIN),J PREETI VALECHA /134