Deepak S/O Harphool Vs State of Rajasthan

[2025:RJ-JP:2133]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 52/2025

Deepak S/o Harphool, Aged About 27 Years, R/o Dhani Bavriya Ki Tan Lasadiya, Police Station Srimadhopur, District Neem Ka Thana. (At Present Petitioner Confined At Sub Jail Bandikui).

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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. 634/2025

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Sohan S/o Shri Sardarmal, Aged About 26 Years, R/o Bavriya Dhani Nangal, Aspura, Police Station Shrimadhopur, District Neem Ka Thana. (At Present Accused Petitioner Is Confined In District Jail Dausa).

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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. Ankit Khandelwal for Mr. Arvind Sharma Mr. Surya Pratap Singh For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP

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HON'BLE MR. JUSTICE ASHUTOSH KUMAR

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Order

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16/01/2025

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These bail applications have been filed by the accusedpetitioners under Section 483 of the B.N.S.S, 2023 against the order dated 20.12.2024 passed by learned Additional Sessions Judge No.1, Bandikui, District Dausa in connection with FIR No. 05/2024, registered at Police Station Kolwa, District Dausa for the offences under Sections 420 and 406 of the IPC by which the bail

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applications of the accused-petitioners under Section 439 of Cr.P.C have been dismissed.

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Learned counsel for the petitioners submitted that the accused-petitioners have falsely been implicated in these cases. Learned counsel for the petitioners further submitted that the charges levelled against the petitioners are triable by the Judicial Magistrate First Class and investigation has been completed. The co-accused of this case Kamlesh, whose name was mentioned in the FIR, has already been enlarged on bail by this Court vide order dated 05.06.2024 in S.B. Criminal Miscellaneous Bail Application No.6547/2024. The case of the present petitioners is on better footing than Kamlesh, who has already been granted benefit of bail. Therefore, the accused-petitioners be granted benefit of bail. 3. Learned Public Prosecutor vehemently opposed this bail application.

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Heard learned counsel for the accused-petitioners and learned Public Prosecutor and also perused the material available on record.

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As per the factual report dated 13.01.2025 submitted by the learned Public Prosecutor, the offences punishable under Sections 420 and 406 of IPC are made out against the present petitioners. The co-accused of the case Kamlesh has already been granted benefit of bail. Both the co-accused persons were arrested on 09.12.2024 and since then both the co-accused persons are behind the bars, trial will take long time to conclude.

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Having regard to the facts and circumstances of the case, but without expressing any opinion on the merits/demerits of the

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case, this Court deems it proper to allow the bail applications filed by the petitioners.

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Consequently, these bail applications filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accusedpetitioners (1) Deepak S/o Harphool (2) Sohan S/o Shri Sardarmal, arrested in FIR No. 05/2024, registered at Police Station Kolwa, District Dausa shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/and two solvent sureties of Rs.50,000/- each to the satisfaction of the trial Court. Petitioners shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

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(ASHUTOSH KUMAR),J

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TANISHA /1-2

Deepak S/O Harphool v. State of Rajasthan

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Deepak S/O Harphool v. State of Rajasthan

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