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2025 DAILYLAW 49087 (RAJ)

PANKAJ @ GOLU S/O SURESHCHAND v. STATE OF RAJASTHAN

CRLMB/8928/2025 · 2025-10-06

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:40468] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8928/2025 Pankaj @ Golu S/o Sureshchand, Aged About 25 Years, R/o Katoriwala Police Station Sadar, Distt. Alwar (Raj.) (Presently Lodged In Distt. Jail, Alwar). ----Applicant Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8929/2025 Surendra @ Gagan S/o Jasmer Singh, Aged About 30 Years, R/o Milakpur, Police Station Ramgarh, Distt. Alwar (Raj.).( At Present Accused Petitioner Confined In Alwar Jail) ----Applicant Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 9338/2025 Indra S/o Mahendra, Aged About 21 Years, R/o Thanarajaji, P.s. Rajgarh, District Alwar, Rajasthan. (Presently Confined At Distt. Jail Alwar). ----Applicant Versus The State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Shriram Yadav, Adv. Mr. Rahul Patni, Adv. For Respondent(s) : Ms. Arti Sharma, PP with Mr. Rhishi Raj Singh Rathore, PP [2025:RJ-JP:40468] (2 of 4) [CRLMB-8928/2025] HON’BLE MR. JUSTICE SAMEER JAIN Order 06/10/2025 1. Present bail applications have been filed under Section 483 of BNSS on behalf of accused-applicants. The accused-applicants were arrested in connection with FIR No. 259/205 registered at Police Station Rajgarh District Alwar for the offence(s) under Sections 189(2), 127(2), 140(3), 307, 308(2), 351(2) of BNSS, late converted under Sections 189(2), 127(2), 140(3), 310(2), 111(2)(ii), 307, 308(2), 351(2), 310(2)/111(3), 317(3), 61(2)(A) of BNS. 2. Learned counsel for the accused-applicants submits that the applicants are young adults, aged approximately 20 to 30 years. It is submitted that charge-sheet in the present matter has been filed. It is submitted that the applicants have no strong criminal antecedents registered against them. It is further submitted that one of the applicants is disabled (without arms), as the same were amputated long ago, rendering it impossible for him to commit the alleged offence. 3. Per contra, learned Public Prosecutor and learned counsel for the complainant have strongly opposed these bail applications and have submitted that the accused- applicants are part of an organized group, wherein, young individuals with significant criminal antecedents are involved in the offence of committing looting and executing the alleged transactions. It is further submitted that on the day immediately following the present incident, another incident had occurred and vide order dated [2025:RJ-JP:40468] (3 of 4) [CRLMB-8928/2025] 26.09.2025 in S.B. Criminal Misc. Second Bail Application No. 12328/2025, bail was granted to one of the co-accused. It is further submitted that enlarging the present applicants on bail could pose a serious threat to the society. 4. Considering the arguments advanced by the counsel for the parties and taking note of the fact that the applicants are young adults, aged between 20 to 30 years; that no strong criminal antecedents are registered against them; that charge-sheet has been filed and trial would take time to conclude, therefore, looking to the overall facts and circumstances of the case and material available on record, this Court is inclined to allow the bail applications of the accused-applicants and enlarge them on bail. 5. Accordingly, these bail application under Section 483 of BNS are allowed and it is ordered that accused-applicants Pankaj @ Golu S/o Sureshchand, Surendra @ Gagan S/o Jasmer Singh and Indra S/o Mahendra shall be enlarged on bail provided they furnish a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned Trial Court with the following conditions:- (i) the accused-applicants shall not tamper with evidence or influence the witness in any manner; (ii) the accused-applicants shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the law. (iii) the accused-applicant 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) the accused-applicants shall mark their attendance before the concerned SHO of their residence, who shall also record their occupation/vocation etc.; [2025:RJ-JP:40468] (4 of 4) [CRLMB-8928/2025] (v) accused-applicant shall contribute to the Swachh Bharat Abhiyan – initiative of the government, for a period of two months from the date of enlarging on bail, on two hours in every seven days of the month, as an honorary work, under the supervision and directions of the SHO concerned. (vi) in case of any violation of above conditions, the bail granted to the applicants shall be liable to be cancelled. 6. Registry is directed to send a copy of this order to the Trial Court through E-mail/Fax. (SAMEER JAIN),J CHANDAN /60-62