Naresh S/O Balram Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous II Bail Application No. 9354/2025

Naresh S/o Balram, Aged About 25 Years, R/o Barkheda Sad, Police Station Nagar, District Deeg, Rajasthan. (At Present Accused Petitioner Confined In Sub Jail Deeg).

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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. Rahul Sinsinwar For Respondent(s) : Mr. Manvendra Singh, PP

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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23/07/2025

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The instant second bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accusedpetitioner has been arrested in connection with FIR No. 445/2024 registered at Police Station Kaman, District Deeg for the offences under Section 309(6) of BNS.

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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 first bail application of the accusedpetitioner was dismissed vide order dated 16.01.2025, with the liberty to file afresh after recording of the statement of complainant Rinku. It is contended that after recording of the statement of complainant- Rinku as PW-1 with the Trial Court, the learned Trial Court has enlarged other co-accused Aakash on bail. It is further contended that the statement of PW-1 Rinku is not

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[CRLMB-9354/2025]

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reliable as he in his cross-examination has clearly stated that he was not knowing the present petitioner by name. He further stated that at the time of lodging of the FIR, he did not disclose the age and identity of the persons who committed the offence. The witness also admitted that before conducting the identification parade by the Investigating Agency, the accused-petitioner was brought before him by the police officials in the Police Station, therefore, the statement of PW-1 regarding identification parade is also not believable. The offences alleged against the accusedpetitioner are exclusively triable by Magistrate. The witness list contains total 6 prosecution witnesses. The accused-petitioner is in custody since 22.08.2024 and the trial of the case may take considerable time, therefore, considering the statement of the complainant, long incarceration of the petitioner and probable time in conclusion of the trial, the second bail application of the accused-petitioner may be allowed.

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Learned Public Prosecutor has vehemently opposed the second bail application and contended that the accused-petitioner is a person of criminal antecedents, against him 10 similar nature of criminal cases are pending, therefore, the second bail application of the accused-petitioner deserves dismissed.

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Heard and perused the material available on record. 5. It is not desirable to express anything on the merits of the case. Considering the arguments advanced by learned counsel for the petitioner and long incarceration of the petitioner, this Court deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the second bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner

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Naresh S/o Balram, in connection with FIR No. 445/2024 registered at Police Station Kaman, District Deeg, 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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The accused is also directed to mark his presence on 25^th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court.

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(PRAVEER BHATNAGAR),J

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Keshav/22

Naresh S/O Balram v. State of Rajasthan

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Naresh S/O Balram v. State of Rajasthan

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