Akhalesh Son of Dharmendra Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

Akhalesh Son of Dharmendra Singh Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Release of both accused-petitioners (Akhalesh and Himmat Singh) on bail, subject to each furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court, and appearing before that Court (or any court to which the matter is transferred) on all subsequent hearing dates and when called upon.

Issue for consideration

Whether the accused-petitioners, arrested in connection with FIR No.313/2024 of Police Station Deeg, District Deeg (offences punishable under Sections 189(2) & 109(1) of BNS and Section 3/25 of Arms Act), should be granted bail.

Court's answer

The bail application is allowed: both accused-petitioners are to be released on bail on furnishing a personal bond of Rs.50,000/- each together with two sureties of Rs.25,000/- each, to the satisfaction of the learned Trial Court, with the stipulation that they appear before that Court (and any court to which the matter is transferred) on all subsequent dates of hearing and when called upon.

Ratio / Principle

Bail was deemed proper having regard to the totality of facts and circumstances of the case, the arguments advanced by both sides, the fact that other co-accused persons named in the FIR had already been granted bail by the learned trial court, the time the trial will take to conclude and the custody period, and the grant was made expressly without commenting on the merits/demerits of the case.

Key takeaways

The observations made in the order are only for the decision of the instant bail application and would not have any impact on the trial of the case in any manner.obiter¶¶19

Detailed headnote1 paragraphs

BAIL GRANTED (parity with bailed co-accused; custody period; trial delay). S.B. Criminal Miscellaneous Bail Application No. 8198/2025, High Court of Judicature for Rajasthan, Jaipur Bench — Anil Kumar Upman, J. (order dated 01/08/2025). Application under Section 483 of BNSS for two accused (aged about 22 and 21 years) arrested in connection with FIR No.313/2024 of Police Station Deeg, District Deeg, for offences punishable under Sections 189(2) & 109(1) of BNS and Section 3/25 of Arms Act. Counsel urged that the petitioners are not named in the FIR, that co-accused named in the FIR had already been granted bail by the learned trial court, and that the petitioners are in custody since arrest with the trial expected to take considerable time. Granting bail without commenting on merits/demerits, the Court directed release of both petitioners on a personal bond of Rs.50,000/- each with two sureties of Rs.25,000/- each, subject to appearance before the Trial Court on all hearing dates; the observations are confined to the bail application and do not affect the trial.

[2025:RJ-JP:29522]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 8198/2025

Akhalesh Son Of Dharmendra Singh, Aged About 22 Years, R/o Village Rampura Bahas, Ps Deeg, District Deeg. ( At Present In Sub Jail Deeg)

Himmat Singh Son Of Ramkishor, Aged About 21 Years, R/o Village Nagla Dandu, Police Station Sadar Deeg District Deeg. ( At Present Sub Jail Deeg)

----Petitioners

Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Jiya-Ur-Rahman For Respondent(s) : Mr. N.S. Dhakar, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

01/08/2025

The instant bail application has been filed under Section 483 of BNSS., on behalf of the petitioners, who have been arrested in connection with FIR No.313/2024 registered at Police Station Deeg, District Deeg for the offence punishable under Sections 189(2) & 109(1) of BNS & Section 3/25 of Arms Act.

It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that petitioners are not named in FIR. He submits that other co-accused persons who were named in FIR have already been granted benefit of bail by the learned trial court. Petitioners are in custody since their date of arrest and trial of the case will take considerable time. Further custody of the petitioners would not serve any fruitful purpose.

(2 of 2)

[2025:RJ-JP:29522]

[CRLMB-8198/2025]

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

I have considered the contentions.

Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, as also the fact that other co-accused persons who were named in FIR have already been granted benefit of bail by the learned trial court; trial will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

This bail application is accordingly allowed and it is directed that accused-petitioners – 1) Akhalesh Son Of Dharmendra Singh & 2) Himmat Singh Son Of Ramkishor 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.

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

(ANIL KUMAR UPMAN),J

GAUTAM JAIN /229