Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:23259] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2396/2025 Vikram @ Vikky Kumar S/o Om Prakash, R/o Ward No. 7, Meeno Ki Mohalla, Burja Road, Virat Nagar, District Kotputli-Behror. (At Present In Sub Jail Kotputli, District Kotputli-Behror). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2397/2025 Aayush @ Aman S/o Mukesh Kumar, Aged About 24 Years, R/o Behind Bus Depot, Shahpura, District Jaipur. (At Present In Sub Jail Kotputli, District Kotputli-Behror). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 2690/2025 Manish S/o Gajanand, Aged About 32 Years, R/o Ward No. 26, Devan Road, Shahpura, District Jaipur, Rajasthan. (Presently Accused Petitioner Is In Sub Jail, Kotputli) ----Petitioner Versus State Of Rajasthan, Through PP, Shahpura, District Jaipur. ----Respondent For Petitioner(s) : Mr. Vijay Kumar Jangid, Mr. Jaideep Singh For Respondent(s) : Mr. Naresh Kumar Gupta, Dy.GA. with Mr. Jai Prakash Tiuwari, Dy.GA.
HON'BLE MR. JUSTICE MANEESH SHARMA (V. J.)
Order 16/06/2025
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1. These instant bail applications have been filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 on behalf of the petitioners, who have been arrested in connection with FIR No.458/2024 registered at Police Station Shahpura (Jaipur), District Jaipur Rural, for the offence punishable under Sections 140(3), 115(2), 3(5), 103(1) of the BNS, 2023.
2. Learned counsels for the petitioners submit that the accused- petitioners have falsely been implicated in these matters. They further submit that there was a delay in lodging the FIR and that the charge-sheet has already been filed in these matters. They further submit that the injuries are simple in nature, as per the injury report. They further submit that the petitioners-Vikram and Aayush are in judicial custody since 28.10.2024 whereas petitioner-Manish is in judicial custody since 29.10.2024. They further submit that even the final opinion regarding cause of death was found to be Septicemic Shock due to head injury and its consequences, associated with ingestion of alcohol. They also submit that no criminal case has been registered against the petitioners and the trial will take considerable time, further custody of the petitioners would not serve any fruitful purpose, therefore, they may be enlarged on bail.
3. Per contra, learned Deputy Government Advocate has opposed the submissions made by the learned counsel for the petitioners.
4. Heard and considered the contentions made by the learned counsel for the parties and perused the material available on record.
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5. Having regard to the totality of the facts and circumstances of the matters; considering the arguments advanced by the
learned counsel for the petitioners and delay in lodging the FIR, and also the fact that the charge-sheet has been filed against the petitioners; the cause of death is Septicemic Shock due to head injury and its consequences, associated with ingestion of alcohol; absence of criminal antecedents of the petitioners; period of custody, but without commenting any opinion on the merits/demerits of the case, I deem it fit and proper to allow these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused/petitioners Vikram @ Vikky Kumar S/o Om Prakash, Aayush @ Aman S/o Mukesh Kumar and Manish S/o Gajanand shall be released on bail provided each of them furnish 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. A copy of this order be placed in connected files.
(MANEESH SHARMA (V. J.)),J Seema/36-38