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2025 DAILYLAW 5209 (RAJ)

ASHOK KUMAR S/O LATE SHRI HANUMAN PRASAD v. STATE OF RAJASTHAN

CRLMB/1455/2025 · 2025-02-18

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:7047] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1455/2025 1. Ashok Kumar S/o Late Shri Hanuman Prasad, Aged About 45 Years, R/o Devdoongri, Mirza Bavri Road, Madanganj Kishangarh, Police Station Madanganj, Distt. Ajmer. Presently Confined In Central Jail, Ajmer. 2. Abhishek Dhadhich S/o Shri Ashok Dhadhich, Aged About 24 Years, R/o Devdoongri, Mirza Bavri Road, Madanganj Kishangarh, Police Station Madanganj, Distt. Ajmer. Presently Confined In Central Jail, Ajmer. ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pradeep Singh Mr. Mahendra Shandilya For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Devanshu Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 18/02/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.397/2024 registered at Police Station Madanganj, District Ajmer (Rajasthan) for the offences punishable under Sections 191(2), 190, 115(2), 332(c) & 110 of BNS. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 191(2), 190, 115(2), 332(c), 110 & 117(2) of BNS. 2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Counsel submits that [2025:RJ-JP:7047] (2 of 3) [CRLMB-1455/2025] maximum punishment for the alleged offences for which charge- sheet has been filed, is seven years. Counsel submits that co- accused namely Anju Sharma & Gavrika Dhadhich have been granted bail by this Court vide order dated 15.01.2025. Counsel further submits that there are no criminal antecedents against the petitioner- Abhishek Dhadhich and with regard to petitioner- Ashok Kumar, on an earlier occasion, one case was registered against him and on the basis of compromise, he has been acquitted in that case. Petitioners are in custody since 03.01.2025 and trial will take considerable time in its conclusion. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioners. They submit that petitioners are duly named and two grievous injuries were found on the person of the injured. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially the fact that maximum punishment for the alleged offences for which petitioners have been charge- sheeted, is seven years; absence of criminal antecedents of the petitioner- Abhishek Dhadhich and petitioner- Ashok Kumar has already been acquitted on the basis of compromise in other case registered against him; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed [2025:RJ-JP:7047] (3 of 3) [CRLMB-1455/2025] that accused-petitioner (1) Ashok Kumar S/o Late Shri Hanuman Prasad & (2) Abhishek Dhadhich S/o Shri Ashok Dhadhich shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. 7. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /25