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2025 DAILYLAW 5748 (RAJ)

KAMLENDRA @ KAILASH S/O SHRI HANUMAN LAL v. STATE OF RAJASTHAN

CRLMB/1656/2025 · 2025-02-03

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:4736] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1450/2025 Ratan Lal S/o Shri Udaram, Aged About 33 Years, R/o Faloda, Police Station Bandar Sindri, District Ajmer (Raj.) (At Present In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1655/2025 Shivraj S/o Shri Shyojiram, Aged About 41 Years, R/o Naya Gaon Harmada, Police Station Bandarsindri, District Ajmer. (At Present In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 1656/2025 1. Kamlendra @ Kailash S/o Shri Hanuman Lal, Aged About 32 Years, R/o Village Pingoon, Police Station Narena, District Jaipur. (At Present In Central Jail, Ajmer). 2. Mukesh Jat S/o Ramchandra, Aged About 22 Years, R/o Jajdo Ki Dhani, Roopangarh, Police Station Roopangarh, District Ajmer. (At Present In Central Jail, Ajmer). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order [2025:RJ-JP:4736] (2 of 4) [CRLMB-1450/2025] 03/02/2025 1. These instant bail applications have been filed under Section 483 of BNSS, on behalf of the petitioners, who have been arrested in connection with FIR No.178/2024 registered at Police Station Roopangarh, District Ajmer (Raj.) for the offences punishable under Sections 103(1), 109(1), 115(2), 126(2), 111(2)(a), 190, 191(2), 191(3), 308(4), 326(f) & 61(2)(a) of BNS and Section 3/25 of Arms Act. Later on, police filed charge-sheet for the offences punishable under Sections 103(1), 109(1), 115(2), 126(2), 111(2)(a), 190, 191(2), 191(3), 308(4), 326(f), 189(2), 189(4), 324(4) & 61(2)(a) of BNS and Section 3/25 of Arms Act. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submits that except petitioner Shivraj, none of the petitioners are named in the FIR. Counsel submits that deceased sustained two injuries, one is abrasion and second is gunshot which is cause of death. Counsel submits that allegation of causing firearm injury on the person of the deceased and other injured, is against the co-accused Dinesh Choudhary. Counsel submits that co-accused Parvati Devi, Shriram & Narendra and two juvenile namely A and P have been granted benefit of bail by this Court vide orders dated 09.01.2025 & 02.01.2025 respectively. Petitioners are in custody since 26.09.2024. 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. He submits that several other cases have been registered against the petitioners. [2025:RJ-JP:4736] (3 of 4) [CRLMB-1450/2025] 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, especially the fact that allegation of causing firearm injury which is cause of death of the deceased, is against the co-accused Dinesh Choudhary; charge-sheet has been filed in this matter; co-accused Parvati Devi, Shriram & Narendra and two juvenile namely A and P have been granted benefit of bail by this Court; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Ratan Lal S/o Shri Udaram, (2) Shivraj S/o Shri Shyojiram, (3) Kamlendra @ Kailash S/o Shri Hanuman Lal & (4) Mukesh Jat S/o Ramchandra 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. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned [2025:RJ-JP:4736] (4 of 4) [CRLMB-1450/2025] police station. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners. In case the petitioners fail to mark their presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to them by this Court. (ANIL KUMAR UPMAN),J LALIT MOHAN /412-414