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2025 DAILYLAW 7540 (RAJ)

PRADEEP KUMAR S/O OMPRAKASH v. STATE OF RAJASTHAN

CRLMB/2428/2025 · 2025-02-25

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:8445] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2428/2025 1. Pradeep Kumar S/o Omprakash, Aged About 29 Years, R/o Ikrotiya, P.S. Kotkasim, District Khairthal-Tijara. (Presently Lodged In Sub Jail, Kishangarhbas (Alwar). 2. Sachin @ Kaliya S/o Jagram @ Lalaram, Aged About 27 Years, R/o Saranwas, P.S. Kotkasim, District Khairthal- Tijara. (Presently Lodged In Sub Jail, Kishangarhbas (Alwar) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Shriram Yadav, Adv. For Respondent(s) For Complainant : : Mr. Jitendra Singh Rathore, PP Mr. M.S. Choudhary, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 25/02/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.15/2025, registered at Police Station Kotkasim, District Khairthal-Tijara, for the offence(s) under Sections 121(1), 74, 132, 352 and 351(3) of B.N.S. 2. Learned counsel for the petitioners submit that the accused- petitioners have falsely been implicated in this case. It is contended that the accused-petitioners were arrested for the offences under Sections 170, 126 and 135(3) of BNS by Police Station Kotkasim. In that report, there is no narration to the fact [2025:RJ-JP:8445] (2 of 3) [CRLMB-2428/2025] that the petitioners committed any offence with the complainant. It is also contended that the complainant on 15.01.2025 stated to the Police Officials that the petitioners were under consumption of alcohol and misbehaved with her. Later on, the said FIR was lodged on 16.01.2025 in the evening with a delay of almost one day. It is further contended that there is dispute between Dr. Rohitas and the complainant and the accused-petitioners have falsely been dragged in that matter. The accused-petitioners are behind the bar since 20.01.2025, the offences alleged against the petitioners are exclusively triable by Magistrate and there are no criminal antecedents against the petitioners and the trial/investigation of the case may take considerable time, therefore, considering the above facts, the bail application of the accused-petitioners may be allowed. 3. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the grant of bail application. It is contended by learned counsel for the complainant that the accused-petitioners assaulted the lady doctor and thereafter torn her shirt and also gave beating to the guard on duty Naresh Singh, therefore, considering the above facts, the bail application of the accused-petitioners may be dismissed. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case. Considering the fact that the accused-petitioners are in custody since 20.01.2025, the matter is exclusively triable by Magistrate. There are no criminal antecedents against the accused-petitioners and the trial/investigation of the case may [2025:RJ-JP:8445] (3 of 3) [CRLMB-2428/2025] take considerable time, therefore, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioners- 1. Pradeep Kumar S/o Omprakash and 2. Sachin @ Kaliya S/o Jagram @ Lalaram, in connection with FIR No.15/2025, registered at Police Station Kotkasim, District Khairthal-Tijara, shall be enlarged on bail provided both of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-197