Rahul Meena S/O Shri Babulal Meena Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 13146/2024

Rahul Meena S/o Shri Babulal Meena, Aged About 22 Years, R/o Plot No. 01, Saraswati Nagar, Vedh Ji Ka Chauraha, Niwaru Road, Thana Kardhani, Jaipur Rajasthan. (Presently Accused Petitioner Confined In Central Jail, Jaipur).

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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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For Petitioner(s) : Mr. Deepak Chauhan For Respondent(s) : Mr. Sudesh Saini, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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17/03/2025

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The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.1060/2024 registered at Police Station Kardhani, District Jaipur (West) for the offence(s) under Sections 109(1), 111(3), 308(2), 309(4) and 3(5) of BNS and Sections 3/25(6) of Arms Act.

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Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the main allegation of causing death of the deceased Prateek Singh @ Monu Banna is against other coaccused Jai Singh, Deependra Singh and Udai Singh. It is alleged against the present accused-petitioner that he was also a member of the gang who extorted money from the persons and also

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supplied the motorcycle to the other co-accused for fleeing away after committing the said offence. It is also contended that the FIR was lodged by the petitioner himself. The accused-petitioner was friend of the deceased and co-accused Jai Singh. There is no evidence to the fact that the accused-petitioner was involved with the other co-accused in threatening and demanding money from the other persons. The accused-petitioner is in custody since 04.10.2024, there are no criminal antecedents against the accused-petitioner and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

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Learned Public Prosecutor has vehemently opposed the bail application and submitted the factual report. It is contended that the accused-petitioner supplied his motorcycle to the other coaccused for fleeing away from the place of occurrence after commission of the offence. The other co-accused Jai Singh, Deependra Singh and Udai Singh after causing mischief in the restaurant caused gun shot injury to deceased Prateek Singh resulting into his death. Therefore, considering the specific role of the accused-petitioner, the bail application of the accusedpetitioner may be dismissed.

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Heard and perused the material available on record.

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The charge-sheet against the accused-petitioner has been submitted under Sections 103(1), 111(3), 3(5), 61(2) of BNS. In the charge-sheet, it is stated that the accused-petitioner provided his motorcycle to the other co-accused who fired at deceased Prateek Singh @ Monu Banna who died afterwards. It is also

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stated by the Investigating Officer that the accused-petitioner was involved with the other co-accused in threatening and receiving money from the other persons, be that as it may be, the allegation of causing death of deceased Prateek Singh is against other co-accused Jai Singh, Deependra Singh and Udai Singh. The accused-petitioner is in custody since 04.10.2024 and trial of the case may take considerable time. There are no criminal antecedents against the accused-petitioner and there is no direct allegation against the accused-petitioner that he caused fire arm injury to deceased Prateek Singh, therefore, considering the above facts, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Rahul Meena S/o Shri Babulal Meena, in connection with FIR No.1060/2024 registered at Police Station Kardhani, District Jaipur (West) shall be enlarged on bail provided he furnishes a 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 his appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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Keshav/40

Rahul Meena S/O Shri Babulal Meena v. State of Rajasthan

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Rahul Meena S/O Shri Babulal Meena v. State of Rajasthan

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