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2025 DAILYLAW 8267 (RAJ)

MANISH KUMAR S/O MUKESH KUMAR v. STATE OF RAJASTHAN

CRLMB/2765/2025 · 2025-02-28

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3071/2025 Ankit Kumar S/o Kishore, aged 19 years, R/o Bhuriyawali, P.S. Pratapgarh, District Alwar (At present confined at Dausa Jail Dausa) ----Petitioner Versus 1. State Of Rajasthan through PP 2. Chhotelal S/o Rudmal, R/o Sili Bawadi, P.S. Pratapgarh, District Alwar (Raj.) ----Respondent S.B. Criminal Misc. Bail Application No. 2765/2025 Manish Kumar S/o Mukesh Kumar, aged about 21 years, R/o Ajabgarh, police station Thanagaji, District Alwar (Raj.) (At present petitioner confined at district Jail Dausa) ----Appellant Versus The State Of Rajasthan, Through P.p. ----Respondents For Petitioner(s) : Mr. Deepak Meena Mr. Arvind Sharma For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 28/02/2025 The instant bail applications have been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No. 228/2024 registered at Police Station Kolwa, District Dausa for the offence(s) under Sections 115(2), 126(2), 352, 304(2), 326(f), 324(4), 324(5), 3(5) of BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act. (2 of 3) [CRLMB-3071/2025] Learned counsel for the petitioners submits that the accused- petitioners have falsely been implicated in this case. It is contended that injuries sustained to injured Chotelal are simple in nature. The specific allegations of causing mischief by fire and lighting the the tractor is against other co-accused Sachin. The recovery of stolen mobile phone was also effected from the possession of other co-accused Sachin. The accused petitioners are in custody since 14.12.2024 and the trial of the case will take considerable time. Charge-sheet has already been produced before the concerned court and there are no criminal antecedents against the accused-petitioners Therefore, the benefit of bail may be granted to the accused-petitioners. Per contra, learned Public Prosecutor opposed the bail applications. It is contended that petitioners alongwith other co- accused Sachin after assaulting the injured Chotelal took away his mobile phone and Rs.10,000/- cash and caused mischief by torching his tractor, therefore bail applications of accused- petitioners deserves to be dismissed. Heard and perused the material available on the record. Considering the arguments advanced by the counsel for the parties and looking to the fact that charge-sheet has already been produced before the concerned court and there are no criminal antecedents against the petitioners and trial of the case will take considerable time. The injured Chotelal in his statement has categorically stated that his tractor was put into fire by the other co-accused Sachin and the recovery of mobile phone and cash of complainant was also effected from the other co-accused Sachin. It is not a case where petitioners were unknown to the (3 of 3) [CRLMB-3071/2025] complainant, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. Accordingly, the bail applications under Section 483 BNSS are allowed and it is ordered that the accused-petitioners 1. Ankit Kumar S/o Kishore, 2. Manish Kumar S/o Mukesh Kumar, in connection with FIR No. 228/2024 registered at Police Station Kolwa, District Dausa shall be enlarged on bail provided each of them furnish 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 as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /