Kishan @ Krishan S/O Naru Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 11524/2024

Kishan @ Krishan S/o Naru, R/o Near Shivji Mandir, Ummedganj, Police Station Udhyog Nagar, Kota (Rajasthan) (At Present Confined In Central Jail Kota)

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 13894/2024 Deepak Kumar S/o Shri Chhitarlal, R/o Tejaji Mandir Ke Pass, Umedganj, Police Station Udhyog Nagar, Kota (Raj) (At Present Accused Confined In District Jail Kota).

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----Petitioner

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Versus

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State Of Rajasthan, Through Public Prosecutor.

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----Respondent

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For Petitioner(s) : Mr. Hari Ram Gurjar Mr. Rahul Agarwal For Respondent(s) : Mr. Rajesh Choudhary, GA-AAG Mr. Naresh Kumar Gupta, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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24/01/2025

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These bail applications have been filed under Section 483 BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.485/2024 registered at Police Station Udhyog Nagar, District Kota City for offences punishable under Sections 109(1), 115(2), 126(2) & 3(5) of BNS. Charge-sheet has

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been filed for offences punishable under Sections 109(1), 115(2), 126(2), 103(1) & 3(5) of BNS.

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Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Learned counsel submits that in a spur of moment, a scuffle took place between petitioners and the complainant side in which stones were pelted. One stone hit on the head of the deceased Chandrakala which caused her death. Learned counsel submits that as per the prosecution case, the deceased Chandrakala along with other persons came to the house of the accused petitioner Krishan where stones were pelted on each other. He submits that the accused petitioners did not go to launch attack on the complainant side. Rather, they have come to the petitioner’s house and started pelting stones on them and the deceased died due to the stones pelted by the complainant themselves. It is also argued that the stones, allegedly used by the petitioners and recovered at their instance is a fake recovery as the stones were lying at the spot itself. The petitioners do not have any criminal antecedents and they are in custody since 29.08.2024. Charge-sheet has been filed and trial will take considerable time in its conclusion. Further custody of the petitioners would not serve any fruitful purpose.

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

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners as also the fact that petitioners have no

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criminal antecedents; they are in custody since 29.08.2024; charge-sheet has been filed and trial will take time in its conclusion, but without commenting anything on merits and demerits of the case, I deem it proper to allow these bail applications.

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These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Kishan @ Krishan S/o Naru, & (2) Deepak Kumar S/o Shri Chhitarlal, shall be released on bail provided each of them shall 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.

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The observation made hereinabove is only for decision of these bail applications and would not prejudice trial in any manner.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /68-69

Kishan @ Krishan S/O Naru v. State of Rajasthan

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Kishan @ Krishan S/O Naru v. State of Rajasthan

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