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2026 DAILYLAW 14975 (RAJ)

RAJENDRA @ KADU S/O SHRI BHAIRO SINGH v. STATE OF RAJASTHAN

CRLMB/256/2026 · 2026-01-20

Ashok Kumar Jain

body2026

Judgment text

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[2026:RJ-JP:2528] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 256/2026 Rajendra @ Kadu S/o Shri Bhairo Singh, R/o Barwana, Police Station Masalpur, District Karauli (Raj.). (The Accused Petitioner Presently Confined In District Jail Karauli). ----Petitioner Versus State Of Rajasthan, Through The Pp ----Respondent For Petitioner(s) : Mr. Vibhuti Bhushan Sharma Ms. Anindya Gupta Mr. Harshit Tiwari For Respondent(s) : Mr. Saurabh Tripathi for Mr. Mukesh Pal Jadoun Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 20/01/2026 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Rajendra @ Kadu S/o Shri Bhairo Singh seeking bail in respect of a criminal case registered as FIR No.265/2024 dated 16.12.2024 registered at P.S. Masalpur, District –Karauli, for the offence under Sections 189(2), 115(2), 126(2), 125, 352 and 109(1) of BNS. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat [2026:RJ-JP:2528] (2 of 4) [CRLMB-256/2026] offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for the petitioner submitted that the first bail application of the present petitioner was dismissed on 07.08.2025 and thereafter the statements of five material witnesses were recorded. He further submitted that the main accused is Harman and in his examination-in-chief and cross- examination, he has specifically mentioned that when several accused were assaulting him, then Rati Ram came to rescue him and he was assaulted by Radhey Shyam and Ramveer. He further submitted that even from the statements of other witnesses, the name of the present petitioner was not mentioned as the person who assaulted Rati Ram (the deceased). At last, he submitted that the present applicant is in custody for several months, so he be released on bail. 4. The aforesaid contentions were opposed by learned counsel for the complainant and the learned Public Prosecutor. 5. Learned counsel for the complainant has submitted that the allegations are grave in nature, therefore the petitioner is not entitled for grant of bail. 6. Heard learned counsel for the parties and the learned Public Prosecutor, and perused the material placed on record. 7. On basis of report lodged by son of deceased Ratiram on 16.12.2024 about assault on 14.12.2024 by group of persons including present petitioner, a report was registered and during investigation, Ratiram succumbed to injuries. After investigation, police has filed a charge-sheet against Santoki, Ramveer and Rajendra but kept pending against Radheyshyam under Section [2026:RJ-JP:2528] (3 of 4) [CRLMB-256/2026] 193(9) of BNSS. This petitioner-accused is in custody since 26.12.2024 though Ratiram has expired on 27.12.2024. 8. As per the trial court, the bail application of Radheshyam and Rajendra @ Kadu were dismissed. We have considered the statements of injured Harman (PW-4), Bhan Singh (PW-2) and Dilip Singh (PW-3). We have also considered the statement of Janak Singh (PW-1). As per the injury report of Harman, he sustained simple injuries. The allegation is upon Radheshyam and Ramveer for assaulting Rati Ram (the deceased). 9. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant-accused. 10. Thus, the instant bail application filed on behalf of applicant- accused Rajendra @ Kadu S/o Shri Bhairo Singh, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. [2026:RJ-JP:2528] (4 of 4) [CRLMB-256/2026] (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 11. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MONU /21