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2025 DAILYLAW 49284 (RAJ)

SANJIV KUMAR @ SANJAY SON OF LAKHAN v. STATE OF RAJASTHAN

CRLMB/13385/2025 · 2025-10-15

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:42563] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 13385/2025 Sanjiv Kumar @ Sanjay Son Of Lakhan, Aged About 19 Years, Resident Of Barai Dalapura Ateva, Police Station Kaila Devi, District Karoli (Presently At Vatika Anand Vihar Colony, Plot No. 74, Sanganer, P.s. Sanganer Sadar, Jaipur (Raj.) (At Present Accused Petitioner Confined In District Jail Sawai Madhopur). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Mohan Lal Harijan For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 15/10/2025 1. The third bail application under Section 483 of BNSS is filed by the applicant-accused Sanjiv Kumar @ Sanjay Son Of Lakhan seeking bail in respect of a criminal case registered as FIR No.168/2025 dated 17.05.2025 registered at P.S. Bonli District – Sawai Madhopur, for the offence under Sections 305(a) and 331(4) of BNS. The first bail application of petitioner was dismissed as withdrawn with liberty to file after charge-sheet and now charge-sheet has been filed. The second bail application was dismissed on 01.09.2025 as same is filed within 10 days of dismissal of bail application. 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 [2025:RJ-JP:42563] (2 of 3) [CRLMB-13385/2025] 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 applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submits that only two cases were registered against petitioner and till now statement of two witnesses including complainant PW-1 Raghunandan were recorded by the trial court. He further submitted that petitioner is neither named nor identified by PW-1 either his own or from CCTV footage. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. The second bail application of petitioner was dismissed on 01.09.2025 as this petitioner has filed second bail application within 10 days of dismissal of first bail application. Except two cases, no other criminal antecedent is reported against the petitioner. We have considered statement of both the witnesses recorded by the trial court including PW-1 Raghunandan. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. [2025:RJ-JP:42563] (3 of 3) [CRLMB-13385/2025] 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 applicant- accused. 8. Thus, the third bail application filed on behalf of applicant- accused Sanjiv Kumar @ Sanjay Son Of Lakhan, is hereby allowed and the applicant-accused 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 applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-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 PREETI VALECHA /07