Allowed¶36

Kamlesh Urf Aasu S/O Shri Seduram v. State of Rajasthan

Rajasthan HC18 Sept 2025CRLMB/11357/2025

Case brief

AI extract

What is this about?

What did the court decide?

Release on bail of all four accused-petitioners (Rakesh Kumar Gurjar, Rajnish Gurjar, Kamlesh Urf Aasu, Subhash Banjara) upon furnishing a personal bond of Rs.50,000/- each with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court. ¶36

Kamlesh Urf Aasu S/O Shri Seduram Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

¶36

Issue for consideration

Whether the four accused-petitioners, arrested in connection with FIR No.165/2025 (P.S. Akbarpur, Alwar) for offences under Sections 126(2) and 308(2) BNS 2023, should be released on bail under Section 483 BNSS.

¶28

Court's answer

All four bail applications are allowed; each accused-petitioner shall be released on bail upon furnishing a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court, with the stipulation to appear before that Court (or any court to which the matter is transferred) on all subsequent dates of hearing.

¶36

Ratio / Principle

Bail was granted after weighing the totality of facts and circumstances, the material in the case diary, the fact that no test identification parade has been conducted, the absence of criminal antecedents of the petitioners, and the likelihood that the trial will take considerable time — expressly without commenting on the merits/demerits of the case.

¶35

Key takeaways

The observations made in the order are confined to the decision of the bail applications and would not have any impact on the trial of the case.obiter¶37

Detailed headnote1 paragraphs

Rajasthan High Court (Jaipur Bench), single-judge order by Anil Kumar Upman, J., dated 18/09/2025: four connected S.B. Criminal Miscellaneous Bail Applications (Nos. 10910, 11356, 11357 and 11894 of 2025) filed under Section 483 BNSS were allowed. The petitioners, in custody in Central Jail, Alwar, had been arrested in connection with FIR No.165/2025 of Police Station Akbarpur, District Alwar, for offences punishable under Sections 126(2) and 308(2) of the Bharatiya Nyaya Sanhita, 2023. Granting bail on consideration of the case diary, the non-conduct of any test identification parade, the absence of criminal antecedents and the expected duration of the trial — expressly without commenting on merits — the Court directed release of each petitioner on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, stipulating attendance on all hearing dates, and cautioned that its observations would not affect the trial.

¶1

[2025:RJ-JP:38234]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 10910/2025

¶4

Rakesh Kumar Gurjar S/o Shri Bheru Sahay Gurjar, Aged About 25 Years, R/o Raipura Bhal, Police Station Thanagazi, District Alwar (Raj.) (At Present In Central Jail, Alwar).

¶5

----Petitioner

¶6

Versus

¶7

The State Of Rajasthan, Through PP

¶8

----Respondent

¶9

Connected With

¶10

S.B. Criminal Miscellaneous Bail Application No. 11356/2025 Rajnish Gurjar S/o Shri Jairam, Aged About 20 Years, R/o Sevariya Ki Dhani, Tevdi, Police Station Virat Nagar, District Kotputli-Behror (Raj.) (At Present Accused Petitioner Confined In Central Jail Alwar).

¶11

----Petitioner

¶12

Versus

¶13

State Of Rajasthan, Through PP

¶14

----Respondent S.B. Criminal Miscellaneous Bail Application No. 11357/2025 Kamlesh Urf Aasu S/o Shri Seduram, Aged About 24 Years, R/o Buja, Police Station Virat Nagar, District Kotputli Behror Rajasthan. (At Present Accused Petitioner Confined In Central Jail, Alwar).

¶15

----Petitioner

¶16

Versus

¶17

State Of Rajasthan, Through PP

¶18

----Respondent S.B. Criminal Miscellaneous Bail Application No. 11894/2025 Subhash Banjara S/o Shri Rahul Banjara, Aged About 21 Years, R/o Malutana, Police Station Thanagaji, District Alwar (Raj.) (At Present Accused Petitioner Confined In Central Jail Alwar).

¶19

----Petitioner

¶20

Versus

¶21

State Of Rajasthan,	Through PP ----Respondent
For Petitioner(s)	: Mr. Siyaram Sharma Ms. Gayatri Sharma Mr. Dinesh Jat Ms. Nisha Shekhawat Mr. Rajpal Yogi Mr. Rajeev Sharma Mr. Gurvindra Singh
For Respondent(s)	: Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta,Asstt. G.A.

(2 of 3)

[2025:RJ-JP:38234]

[CRLMB-10910/2025]

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

¶26

Order

¶27

18/09/2025

¶28

These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.165/2025 registered at Police Station Akbarpur, District Alwar (Rajasthan) for offences punishable under Sections 126(2) and 308(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023.

¶29

It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. Counsel submit that perusal of the FIR would reveal that FIR has been lodged against unknown persons. Counsel submit that no evidence was available with the Investigating Agency against the petitioners before making their arrest and petitioners have been arrested solely on the basis of information received from the informer. Counsel submit that no test identification parade has been conducted in this matter and except recovery of currency notes, nothing incriminating has been recovered from the possession of the petitioners. It is contended that there are no criminal antecedents against the petitioners and trial will take considerable time in its conclusion. Counsel submit that petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose.

¶30

Learned Public Prosecutor opposes the submissions made by counsel for the petitioners.

¶31

I have considered the contentions.

[2025:RJ-JP:38234]

[CRLMB-10910/2025]

(3 of 3)

Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially considering the material available before me in the form of case diary, as also considering the fact that no test identification parade has been conducted in this matter, so also the fact that there are no criminal antecedents against the petitioners and trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications.

¶36

These bail applications are accordingly allowed and it is directed that accused-petitioners- (1) Rakesh Kumar Gurjar S/o Shri Bheru Sahay Gurjar, (2) Rajnish Gurjar S/o Shri Jairam, (3) Kamlesh Urf Aasu S/o Shri Seduram and (4) Subhash Banjara S/o Shri Rahul Banjara shall be released on bail provided each of them furnishes 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.

¶37

The observations made hereinabove are only for decision of the bail applications and would not have any impact on the trial of the case in any manner.

¶38

(ANIL KUMAR UPMAN),J

¶39

LALIT MOHAN /159-162

Kamlesh Urf Aasu S/O Shri Seduram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kamlesh Urf Aasu S/O Shri Seduram v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Yogesh Kulshrestha S/O Suresh Kulshrestha Vs State of Rajasthan

Leelaram S/O Shri Sultan Vs State of Rajasthan

Gurvindra Singh S/O Dalbara Singh Vs State of Rajasthan

Ankit @ Monu S/O Mukhram Yadav Vs State of Rajasthan

Ajay Singh @ Chinnu S/O Shri Balwant Singh Vs State of Rajasthan

Kaluram @ Kalu @ Laxman S/O Sh. Shankar Vs State of Rajasthan