NARESH KUMAR S/O KALYAN SINGH v. THE STATE OF RAJASTHAN
CRLMB/11260/2025 · 2025-09-04
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48768 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48768 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:35676] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11260/2025 Naresh Kumar S/o Kalyan Singh, Aged About 45 Years, R/o Nayagaon, Police Station Mothpur, District Baran (Rajasthan) (Presently Confined In District Jail, Jhalawar) ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta, Mr. Fateh Ram Meena, Mr. Akash Sharma, Mr. Shiv Kumar Sharma, Mr. Bhanu Pratap Saini, Ms. Chanchal Sharma, Mr.Rishabh Bagdi, Ms. Nisha Jhaknariya, Mr. Rahul Sonal and Mr. Utkarsh Jindal For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Subham Kumar Sen, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 04/09/2025
1. This instant application for bail filed under Section 483 of BNSS by the petitioner-accused Naresh Kumar S/o Kalyan Singh in FIR No.504/2025 dated 26.07.2025 registered at P.S. Kotwali Jhalawar District - Jhalawar, whereby the petitioner-accused has charged under Sections 121(1), 132 and 352 of BNS, 2023.
2. The petitioner was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application.
3.
Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is
[2025:RJ-JP:35676] (2 of 4) [CRLMB-11260/2025] innocent and falsely implicated in the present case. Further,
learned counsel for the petitioner submits that after collapse of ceiling resulted in death of eight children, public at large has staged a demonstration outside the SRG Hospital as there was insufficient arrangements made by administration and Medical Department. He further submits that due to political vendata, this petitioner accused was arrayed as an accused. He further submits that the present petitioner has staged a peaceful protest as a political leader and to curb public anger, a false case is registered. He further submits that petitioner used to such demonstration but after every demonstration the Government has registered a case against him as he is opposing actions of present government. He also submitted that all 28 cases registered against petitioner are false and concocted. He also submits that this petitioner was granted bail by a Co-ordinate Bench on 30.05.2025 and 11.07.2025, in other matters. He further submitted that similarly placed accused Murari Lal granted bail by this Hon’ble Court on 20.08.2025. He also submitted that the trial will take time and no purpose will be served by keeping the petitioner-accused in custody.
4. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted case diary.
5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record.
6. On basis of a report lodged by Dr. Sanjay Porwal, Principal and Controller, Jhalwar Medical College, the matter is investigated and during investigation, police has found that
[2025:RJ-JP:35676] (3 of 4) [CRLMB-11260/2025] due to public agitation, some of the individuals have taken law in their hands and assaulted public servants discharging their public duty. After identification of Naresh, Murari, Jai Prakash and Pradeep, police has found involvement and arrested present petitioner and Murari Lal. Murari Lal was granted bail by this Court on 20.08.2025 in Bail Application No.10408/2025.
7. The bail application order of trial Court indicate that 28 criminal cases were registered against the petitioner. The
order also indicate that 13 cases were disposed of. The investigation is in progress in some cases whereas arrest has been stayed in one case. Five cases are pending before the Court and in one case closure report has been filed. Rest of the cases are shown as under investigation. The material indicate that the present petitioner was granted bail by a Co- ordinate Bench on 30.05.2025 in FIR No.166/2024 registered at PS Nagar Fort, District Tonk and another Co- ordinate Bench has also granted bail to the petitioner- accused in FIR No.167/2024 registered at PS Nagar Fort, District Tonk.
8. Upon hearing the arguments and perusing the record, we have found that the petitioner-accused is no more required in 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 petitioner-accused.
[2025:RJ-JP:35676] (4 of 4) [CRLMB-11260/2025]
9. Thus, the instant bail application filed on behalf of petitioner- accused is hereby allowed and the petitioner-accused Naresh Kumar S/o Kalyan Singh 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 petitioner-accused shall not tamper with
evidence or influence the witness in any manner. (ii) The petitioner-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioner-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 petitioner-accused shall be liable to be cancelled.
10. The Registry is directed to send a copy of this order to the Trial Court through E-mail.
(ASHOK KUMAR JAIN),J MR/5