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2026 DAILYLAW 7038 (RAJ)

JITENDRA ALIAS JITU S/O TEJPAL SINGH @ TEJA THAKUR v. STATE OF RAJASTHAN

CRLMB/3862/2026 · 2026-05-07

Anil Kumar Upman

body2026

Judgment text

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[2026:RJ-JP:20011] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 4873/2026 Jitendra Rathore @ Jeetu Singh Jodi S/o Kheevsingh, R/o Jodi Patta Satyu, P.s. Bhaleri, Dist. Churu, At Present House No. 3, Ward No. 15, Sainik Basti, Churu, P.s. Kotvali Churu. (At Present Accused Is Confined In District Jail, Dholpur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent Connected With S.B. Criminal Miscellaneous 2nd Bail Application No. 3862/2026 Jitendra Alias Jitu S/o Tejpal Singh @ Teja Thakur, R/o Basai Ghiyaram, Police Station Rajakhera, Dholpur, Rajasthan. (At Present Confined In Central Jail Dholpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Swadeep Singh Hora, Adv. with Mr. Sahajveer Baweja, Adv. Mr. Sarthak Choubey, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/05/2026 1. Defect pointed out by the office in S.B. Criminal Misc. 2nd Bail Application No.3862/2026 has been cured by the counsel for the petitioner as he has already filed power/memo in this case. 2. These second bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.185/2025 registered at Police Station [2026:RJ-JP:20011] (2 of 5) [CRLMB-4873/2026] Raja Khera, District Dholpur for offences punishable under Sections 111(2)(b), 111(3), 111(4) & 61(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023 and Sections 3/25(6) & 7 of the Arms Act. After completion of investigation, police filed charge-sheet in this matter for offences punishable under Sections 111(2)(b), 111(3), 111(4) & 61(2) of the BNS, 2023 and Sections 3/25(6), 7, 8, 25(1)(a), 3(1), 25(1-B)(a), 25(1-A), 25(1-AA), 25(8) & 35 of the Arms Act. 3. The first bail applications filed on behalf of the petitioners were dismissed as withdrawn by this Court vide order dated 07.01.2026 while giving liberty to renew the prayer for bail after consideration of issue of charge. Now, vide order dated 24.02.2026, charges have been framed against the petitioners. Thus, these second bail applications have been filed on behalf of the petitioners. 4. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is submitted that similarly situated co-accused persons namely Tejpal Singh @ Teja and Shivraj Singh have already been enlarged on bail by this Court vide order dated 24.09.2025. 5. Arguing on behalf of the petitioner, Jitendra Rathore @ Jeetu Singh Jodi, counsel submits that the petitioner was neither present at the raided premises nor has he been named by any of the co-accused persons found at the spot. Counsel submits that the petitioner has neither been named in the FIR nor has any role whatsoever been attributed to him either in the FIR or in the charge-sheet. Counsel submits that despite the absence of any [2026:RJ-JP:20011] (3 of 5) [CRLMB-4873/2026] evidence or incriminatory material against the petitioner, he was arrested by the Police on 06.06.2025 and has remained in custody since then. Counsel further submits that although ten criminal cases have been registered against the petitioner, he has been acquitted in five cases, negative final reports have been filed in two cases, in one case, the benefit of probation was extended to him, in another case, the proceedings culminated in a compromise, and only one case is presently pending trial. 6. Arguing on behalf of the petitioner, Jitendra Alias Jitu, counsel submits that there are no criminal antecedents against him. It is submitted that the petitioner is in custody since 04.06.2025. 7. Counsel submit that the trial will take considerable time in its conclusion and no fruitful purpose would be served by keeping the petitioners behind bars. 8. Learned State Counsel opposes the submissions advanced on behalf of the petitioners. She submits that serious allegations under the provisions of the Arms Act have been levelled against the petitioners, as they are allegedly involved in criminal activities pertaining to the possession of illegal weapons and supplying the same to hardcore criminals in other States. 9. I have considered the contentions. 10. Having regard to the totality of the facts and circumstances of the case; considering the argument advanced by learned counsel for the petitioners, especially considering the material available on record in the form of charge-sheet, as also the fact that similarly situated co-accused persons have already been [2026:RJ-JP:20011] (4 of 5) [CRLMB-4873/2026] enlarged on bail by this Court and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these second bail applications. 11. These second bail applications are accordingly allowed and it is directed that accused-petitioners (1) Jitendra Rathore @ Jeetu Singh Jodi S/o Kheevsingh, and (2) Jitendra Alias Jitu S/o Tejpal Singh @ Teja Thakur, shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties in the sum of Rs.50,000/- 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. 12. Considering the criminal antecedents of petitioner Jitendra Rathore @ Jeetu Singh Jodi, it is made clear that he shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till trial is concluded. 13. Concerned SHO is directed to maintain a register recording the attendance of petitioner Jitendra Rathore @ Jeetu Singh Jodi, as directed above. In case the petitioner Jitendra Rathore @ Jeetu Singh Jodi fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. [2026:RJ-JP:20011] (5 of 5) [CRLMB-4873/2026] 14. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 15. 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 petitioner Jitendra Rathore @ Jeetu Singh Jodi by this Court. 16. The observations made hereinabove are only for decision of these bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J Manoj Solanki /9 & 10