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2025 DAILYLAW 47963 (RAJ)

KISHORE LAL S/O SHRI RAMDEV v. THE STATE OF RAJASTHAN

CRLMB/16699/2025 · 2025-12-17

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:51106] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 16699/2025 1. Kishore Lal S/o Shri Ramdev, Aged About 45 Years, R/o Kotha Ki Talai, Sarwar, Police Station Sarwad, District Ajmer. (Accused Petitioner Presently Confined In Central Jail Ajmer.) 2. Ramprasad S/o Dhanna, Aged About 30 Years, R/o Bhasu, Police Station Todaraisingh, District Tonk, Rajasthan. (Accused Petitioner Presently Confined In Central Jail Ajmer). ----Petitioners Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dikshant Jain Mr. S.P. Dadhich For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/12/2025 1. Instant second bail application under Section 483 of BNSS is filed by the applicants-accused Kishore Lal S/o Shri Ramdev and Ramprasad S/o Dhanna seeking bail in respect of a criminal case registered as FIR No. 219/2025 dated 18.05.2025 registered at P.S. Nasirabad Sadar, District - Ajmer, for the offence under Sections 331(4), 305(A) of IPC. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more [2025:RJ-JP:51106] (2 of 4) [CRLMB-16699/2025] required in investigation. He further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. He also submits that the applicants undertake not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioners submits that first bail application of present petitioners was dismissed on 04.09.2025 and thereafter three witnesses were examined by the prosecution but none of them have deposed against present petitioners. He further submitted that identically placed co-accused Vishnu was granted bail by the trial court on 23.06.2025. He also submitted that five cases were registered against Kishore and out of them three were already disposed whereas three cases were registered against Ram Prasad. He undertakes that present petitioners will not indulge in crime if they are released on bail. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He also submitted that there are criminal antecedents against the present petitioners. 5. Heard learned counsel for the petitioners-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of report filed by Deepu on 18.05.2025 about incident of theft on 08.05.2025, an FIR is registered. After identification of petitioners for involvement in the incident, the police has arrested Ram Prasad and Kishore Lal on 11.06.2025. After concluding the investigation a charge- [2025:RJ-JP:51106] (3 of 4) [CRLMB-16699/2025] sheet is filed against them. After framing the charge three witnesses were examined so far which includes PW-1 Deepu (complainant) and we have considered statement of PW-1 in particular cross-examination. Also considered statement of PW-2 Kishna and PW-3 Hanuman. Co-accused Vishnu was released on bail by learned Additional Sessions Judge, Nasirabad on 23.06.2025. Out of five cases against Kishore Lal three were already disposed whereas three criminal cases were registered against Ram Prasad. 7. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are 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 applicants-accused. 8. Thus, second bail application filed on behalf of applicants- accused Kishore Lal S/o Shri Ramdev and Ramprasad S/o Dhanna, is hereby allowed and the applicants-accused are ordered to be released on bail upon furnishing a personal bond of ₹50,000/- each with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. [2025:RJ-JP:51106] (4 of 4) [CRLMB-16699/2025] (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-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 CHETNA BEHRANI /75