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2025 DAILYLAW 5227 (RAJ)

NAVEEN DHAKA S/O MAHENDRA SINGH v. STATE OF RAJASTHAN

CRLMB/1481/2025 · 2025-02-10

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:5741] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1481/2025 1. Naveen Dhaka S/o Mahendra Singh, Aged About 21 Years, R/o Dhaka Ki Dhani, Police Station Nawalgarh, District Jhunjhunu (Raj.) 2. Dinesh Dhaka S/o Moolaram, Aged About 25 Years, R/o Dhaka Ki Dhani, Police Station Nawalgarh, District Jhunjhunu (Raj.) 3. Shankar Kumawat S/o Richhpal @ Shivpal, Aged About 23 Years, R/o Behind Ramdevji Ke Mandir, Ganeshpura, Nawalgarh, Police Station Nawalgarh, District Jhunjhunu (Raj.) 4. Kailash Nitharwal S/o Pooranmal, Aged About 38 Years, R/o Ward No. 03, Ambedkar Nagar, Mohanbadi, Nitharwalo Ki Dhani, Tan Khirod, Police Station Gothra, District Jhunjhunu (Raj.) (At Present In District Jail, Sikar). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjeev Kumar Mahala For Respondent(s) : Mr. Jai Prakash Tiwari, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/02/2025 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.134/2024 registered at Police Station Gokulpura, District Sikar for the offences punishable under Sections 126(2), 309(6) & 3(5) of BNS. Charge-sheet has been filed for offences punishable under Sections 126(2), 309(6), 3(5) & 61(2)(a) of BNS. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. [2025:RJ-JP:5741] (2 of 3) [CRLMB-1481/2025] Counsel submits that alleged offences are triable by Magistrate. It is submitted that petitioners have no criminal antecedents and they are in custody since 29.10.2024 & 30.10.2024 respectively. Charge-sheet has been filed and trial will take time in its conclusion. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioners. 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 petitioners, as also considering the fact that alleged offences are triable by Magistrate; petitioners have no criminal antecedents; they are is in custody since 29.10.2024 & 30.10.2024 respectively; charge-sheet has been filed and trial will take in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. 6. This bail application is accordingly allowed and it is directed that accused-petitioners (1) Naveen Dhaka S/o Mahendra Singh, (2) Dinesh Dhaka S/o Moolaram, (3) Shankar Kumawat S/o Richhpal @ Shivpal, & (4) Kailash Nitharwal S/o Pooranmal, 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 [2025:RJ-JP:5741] (3 of 3) [CRLMB-1481/2025] 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. (ANIL KUMAR UPMAN),J CHARU SONI /283