Yogendra Singh S/O Bhoopsingh Vs the State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

Yogendra Singh S/O Bhoopsingh Vs the State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether petitioner Yogendra Singh, in custody since 19.04.2023 and charge-sheeted in connection with FIR No.156/2022 (Police Station Lakhanpur, District Bharatpur; offences under Sections 143 & 302 IPC, later Sections 147, 148, 149, 302, 120-B IPC and Section 9/25 Arms Act), should be enlarged on bail despite the allegation that he along with other co-accused fired on the deceased Pradeep, who died of gun shot injuries.

Court's answer

Given the allegation that the petitioner and other co-accused had fired on the deceased-Pradeep, causing death by gun shot injuries, the court, looking to the gravity of offence and nature of allegation, did not consider it a fit case to enlarge the petitioner on bail.

Ratio / Principle

Accordingly, the Criminal Miscellaneous 2nd Bail Application was dismissed.

Detailed headnote1 paragraphs

BAIL REFUSED — GRAVITY OF OFFENCE / NATURE OF ALLEGATION. High Court of Judicature for Rajasthan, Bench at Jaipur (Justice Narendra Singh Dhaddha), order dated 01/04/2025 on S.B. Criminal Miscellaneous 2nd Bail Application No. 3167/2025, filed under Section 483 B.N.S.S. by Yogendra Singh (45), in custody since 19.04.2023 with charge-sheet on record, in connection with FIR No.156/2022 of P.S. Lakhanpur, District Bharatpur — offences under Sections 143 & 302 IPC, later Sections 147, 148, 149, 302 and 120-B IPC and Section 9/25 of Arms Act found made out. Counsel submitted false implication, absence of specific averment against the petitioner in the FIR, parity with similarly situated co-accused Kamlesh and Bhoop Singh enlarged on bail by the Co-ordinate Bench vide order dated 29.09.2022 in S.B. Criminal Miscellaneous Bail Application Nos.14206/2022 and 14207/2022, acquittal of juvenile co-accused Avshek by the Juvenile Justice Board, and that conclusion of trial may take long time; learned Dy.G.A. opposed, stating petitioner and co-accused fired on deceased Pradeep who died of gun shot injuries. Court's decision: allegation is that petitioner with other co-accused fired on deceased-Pradeep who died due to gun shot injuries; looking to gravity of offence and nature of allegation, it was not a fit case to enlarge the petitioner on bail; the 2nd bail application was dismissed. The court did not expressly engage with or adopt the co-accused bail orders cited for parity.

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous 2^nd Bail Application No. 3167/2025

Yogendra Singh S/o Bhoopsingh, Aged About 45 Years, R/o Dayawali, P.s. Lakhanpur, District Bharatpur, Rajasthan ( At Present In Central Jail Sevar, Bharatpur)

----Petitioner

Versus

The State Of Rajasthan, Through Public Prosecutor.

----Respondent

For Petitioner(s) : Mr. Kapil Bhardwaj, Adv. For Respondent(s) : Mr. Manvendra Singh, Dy.G.A.

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order

01/04/2025

The present 2^nd bail application has been filed under Section 483 B.N.S.S. in connection with FIR No.156/2022 Registered at Police Station Lakhanpur, District Bharatpur for the offence(s) under Sections 143 & 302 IPC (later on offence under Sections 147, 148, 149, 302 and 120-B IPC and Section 9/25 of Arms Act were found to have been made out).

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He is behind the bars since 19.04.2023. Charge-sheet has been filed against the petitioner. No specific averment has been assigned to the petitioner in the FIR. Similarly situated co-accused Kamlesh and Bhoop Singh have been enlarged on bail by the Co-ordinate Bench of this court vide order dated 29.09.2022 in S. B. Criminal Miscellaneous Bail Application Nos.14206/2022 and 14207/2022.

[CRLMB-3167/2025]

(2 of 2)

Co-accused Avshek, who was juvenile, was also acquitted by the Juvenile Justice Board. Conclusion of trial may take long time. So, the petitioner be enlarged on bail.

Learned Dy.G.A. has opposed the arguments advanced by learned counsel for the petitioner and submitted that the petitioner and other co-accused had fired on the deceasedPradeep and he died due to gun shot injuries. So, looking to the gravity of offence, the 2^nd bail application filed by the petitioner be dismissed.

I have considered the arguments advanced by learned counsel for the petitioner as well as learned Dy.G.A..

Allegation against the petitioner is that the petitioner and other co-accused had fired on the deceased-Pradeep and he died due to gun shot injuries. So, looking to the gravity of offence and nature of allegation, I do not consider it a fit case to enlarge the petitioner on bail.

Consequently, this Criminal Miscellaneous 2^nd Bail Application is dismissed.

(NARENDRA SINGH DHADDHA),J

Gourav/12