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2025 DAILYLAW 48023 (RAJ)

NAIHANU RAM MEENA S/O JAGDISH MEENA v. STATE OF RAJASTHAN

CRLMB/13328/2025 · 2025-10-16

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:42853] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 13328/2025 Naihanu Ram Meena S/o Jagdish Meena, Aged About 22 Years, R/o Village Indrapuri, Police Station Kotkhawda District Jaipur Recently Tenant Of House Of Vikas Prajapat, Near Bais Meel, Village Deedwana, Police Station Ramgarh Pachwara District Dausa. ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous 2nd Bail Application No. 13734/2025 Prakash Chand Meena S/o Kaluram Meena, Aged About 29 Years, R/o Village Manpura Salempura Police Station Rahuwas District Dausa (Rajasthan) ( At Present Accused Confined In Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Hemant Kumar Sharma Mr. Dushyant Singh Naruka For Respondent(s) : Mr. Manvendra Singh Choudhary, PP Mr. Pradeep Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 16/10/2025 1. The second bail applications under Section 483 of BNSS are filed by the applicants-accused Naihanu Ram Meena S/o Jagdish Meena and Prakash Chand Meena S/o Kaluram Meena seeking bail in respect of a criminal case registered as FIR No.178/2025 dated 17.07.2025 registered at P.S. [2025:RJ-JP:42853] (2 of 5) [CRLMB-13328/2025] Adarsh Nagar District – Jaipur City (East), for the offence under Sections 115(2), 126(2), 127(2), 109(1) and 140(3) of BNS. The first bail applications of petitioners were dismissed by this Court on 14.08.2025 and now charge- sheet has been filed. 2. Learned counsels 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 required in investigation. They further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. They also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsels for petitioners submits that the first bail application of petitioners Naihanu Ram Meena and Prakash Chand Meena were dismissed by this Court on 14.08.2025 and now charge-sheet has been filed. They further referred order dated 07.10.2025 in bail application No.12563/2025 and submitted that three accused Santosh, Dinesh and Deshraj were granted anticipatory bail under Section 482 of BNSS by a Co-ordinate Bench of this Court. They further submitted that complainant Sonu Sharma has entered into compromise with Santosh, who is main accused and the allegation of complainant clearly indicated that Santosh Sharma and Prakash Chand are indulged in a common business and Sonu has borrowed money from Santosh Bairwa. They further placed compromise on record dated [2025:RJ-JP:42853] (3 of 5) [CRLMB-13328/2025] 17.09.2025 entered between Sonu and three accused, who were granted anticipatory bail. They further submitted that role and involvement of these petitioners is not clear and their presence is nor proved from the material on record. 4. Learned counsel for petitioner Naihanu Ram Meena specifically pointed out that except last minute joining of present petitioner, no other role is proved from the evidence. 5. Learned counsel for petitioner Prakash Chand submits that present petitioner was not among the accused, who kidnapped complainant and from possession of whom, petitioner was recovered. 6. Learned Public Prosecutor and learned counsel for complainant have vehemently opposed the bail applications and submitted that the allegations are grave and serious in nature. Learned counsel for complainant while referring a complaint filed against Prakash Meena submitted that he is pressurizing complainant by using position of his family members. 7. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 8. On basis of information to Police Control Room, Jaipur, about assault and abduction of a customer by 8-10 persons, police had reached at the spot and, thereafter, procure report of injured Sonu Sharma. Injured has stated that Prakash Meena, Janakraj Meena, Santosh Bairwa, Deshraj Gurjar, Dinesh Gurjar and 7-8 other persons entered in restaurant and with chairs they started to assault him, thereafter, they [2025:RJ-JP:42853] (4 of 5) [CRLMB-13328/2025] have abducted him. Police has recorded statement of witnesses and collected CCTV footage. Police has identified Umesh Kumar Meena, Naihanuram and Prakash Chand Meena. 9. After investigation, police has filed charge-sheet against Umesh, Naihanu and Prakash and kept pending against remaining accused. This Court has granted bail to Umesh on 14.08.2025. 10. Three accused Santosh, Dinesh and Deshraj were granted anticipatory bail under Section 482 of BNSS on 07.10.2025 by a Co-ordinate Bench of this Court on the basis of compromise between the complainant and said accused. There is no criminal antecedents against any of the petitioners. 11. 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. 12. Thus, the instant bail applications filed on behalf of applicants-accused Naihanu Ram Meena S/o Jagdish Meena and Prakash Chand Meena S/o Kaluram Meena, are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner would furnish a personal bond of ₹50,000/- with [2025:RJ-JP:42853] (5 of 5) [CRLMB-13328/2025] 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. (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 applicants-accused shall be liable to be canceled. 13. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /240-241