Rajasthan High Court - Jodhpur
Rahul vs State Of Rajasthan (2025:Rj-Jd:28187) on 1 July, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:28187]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6104/2025
Rahul S/o Ramesh Kumar, Aged About 28 Years, R/o Devrala
Tehsil Luharu District Bhiwani, Haryana. (At Present Lodged At In
Sub Jail Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 6103/2025
Sumit Alias Chita S/o Satyaveer Singh, Aged About 30 Years, R/o
Bichhpadi Tehsil Gohana District Sonipat, Haryana (At Present
Lodged In Sub Jail Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 6107/2025
Sandeep Kumar S/o Balveer, Aged About 21 Years, R/o Bersar
Manjhla Tehsil Rajgarh District Churu. (At Present Lodged In Sub
Jail, Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikas Bijarnia
For Respondent(s) : Mr. Prem Singh Panwar, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
01/07/2025
1. These bail applications have been filed by the petitioners
under Section 483 BNSS who have been arrested in connection
with the FIR No.41/2021 dated 06.02.2021 registered at the Police
[2025:RJ-JD:28187] (2 of 4) [CRLMB-6104/2025]
Station Hamirwas District Churu for the offences under Sections
147, 148, 302, 307 and 120-B read with Section 149 IPC and
Section 3/25 of the Arms Act.
2. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in this case as names of
the petitioners viz. Rahul and Sumit @ Chita are not present in the
FIR. While drawing the attention of this Court towards the charge-
sheet, learned counsel for the petitioners submits that the star
prosecution witnesses viz. Dwarka Prasad (P.W.12) and Sanjay
Kumar (P.W.14) (the injured) have turned hostile and did not
support the prosecution story. Learned counsel for the petitioners
further submits that other witnesses viz. Jaichand (P.W.18) and
Ramkumar (P.W.19) have also turned hostile.
3. Learned counsel for the petitioners also submits that other
co-accused viz. Sumit Kumar (CRLMB No.6388/2022 vide order
dated 26.07.2022) and Ramesh Kumar (CRLMB No.2126/2022
vide order dated 15.02.2022) have been enlarged on bail by the
Coordinate Bench of this Court and the case of the present
petitioners is similar to the case of the other accused as their
names were also not present in the FIR. He also submits that the
petitioner-Rahul (in custody since 02.11.2021), Sumit @ Chita (in
custody since 28.05.2021) and Sandeep (in custody since
06.02.2021), have no past criminal antecedents.
4. Learned counsel for the petitioners also submits that there
are total 59 witnesses out of which, only 21 have been examined
till date and thus, further incarceration of the petitioners is not
warranted and they deserve to be released on bail.
[2025:RJ-JD:28187] (3 of 4) [CRLMB-6104/2025]
5. In support of his contentions, learned counsel for the
petitioner places reliance upon the judgments rendered by the
Hon'ble Apex Court in the cases of Rabi Prakash v. State of
Orissa (Leave to Appeal (Criminal) No.4169/2023) and
Mohd. Muslim @ Hussain v. State [(NCT of Delhi) (Special
Leave Petition (Crl.) No(s).915 of 2023].
6. Per contra, learned Public Prosecutor opposes the bail
application, however, is not in a position to refute the fact that the
petitioners are in custody for more than 3 and half years, the fact
that out of total 59 star prosecution witnesses, only 21 star
prosecution witnesses have been examined till date and the fact
that star prosecution witnesses Dwarka Prasad (P.W.12), Sanjar
Kumar (P.W.14), Jaichand (P.W.18) and Ramkumar (P.W.19) have
turned hostile.
7. Having considered the submissions advanced by the learned
counsel for the parties and having regard to the entirety of facts
and circumstances of the case as available on record and looking
to the fact that the petitioners are in custody for more than 3 and
half years, the fact that out of total 59 star prosecution witnesses,
only 21 star prosecution witnesses have been examined till date
and the fact that star prosecution witnesses Dwarka Prasad
(P.W.12), Sanjar Kumar (P.W.14), Jaichand (P.W.18) and
Ramkumar (P.W.19) have turned hostile; and more particularly
looking to the fact that the trial will take a long time to conclude
and without expressing any opinion on the merits/demerits of the
case, this Court deems it fit to enlarge the petitioners on bail.
8. Consequently, these bail applications are allowed. It is
ordered that the accused petitioners viz. (i) Rahul S/o Ramesh
[2025:RJ-JD:28187] (4 of 4) [CRLMB-6104/2025]
Kumar, (ii) Sumit Alias Chita S/o Satyaveer Singh and (iii)
Sandeep Kumar S/o Balveer arrested in connection with FIR
No.41/2021 dated 06.02.2021 registered at the Police Station
Hamirwas District Churu, shall be released on bail; provided each
of them furnish a personal bond in the sum of Rs.50,000/- and
two sureties of Rs.25,000/- each to the satisfaction of the learned
trial Court, with a stipulation to appear before that Court on all
dates of hearing and as and when called upon to do so.
(DR. NUPUR BHATI),J
115-117-/Devesh/-
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