Rajasthan High Court - Jodhpur
Sandeep Kumar @ Sonu vs State Of Rajasthan (2025:Rj-Jd:25330) on 23 May, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:25330]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6012/2025
Sandeep Kumar @ Sonu S/o Maman Ram, Aged About 29 Years,
R/o Thirpali Badi, P.s. Hamirwas, Tehsil Rajgarh, Dist. Churu
(Lodged In Sub Jail, Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 6014/2025
1.
Jitendra Kumar Alias Kalu S/o Hoshiyar Singh, Aged About 31
Years, R/o Hejampura Police Station Baggar District
Jhunjhunun (Lodged In Sub Jail, Rajgarh)
2. Sikandar Alias Sikku S/o Rati Ram, Aged About 35 Years, R/o
Bhalothiya Ki Dhani Kali Pahari Police Station Baggar District
Jhunjhunun (Lodged In Sub Jail, Rajgarh)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 6015/2025
Pramod Kumar S/o Subhash Chandra, Aged About 30 Years,
Resdient Of Hejampura Ps Baggar District Jhunjhunu (At Present
Lodged In Sub Jail Rajgarh Churu)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikas Bijarnia (In CRLMB
No.6012/2025)
Mr. Firoz Khan (In CRLMB
No.6014/2025)
Mr. Vikas Bijarnia for
(Downloaded on 23/05/2025 at 11:03:43 PM)
[2025:RJ-JD:25330] (2 of 5) [CRLMB-6012/2025]
Mr. Manjeet Godara (In CRLMB
No.6015/2025)
For Respondent(s) : Mr. Sameer Pareek, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
23/05/2025
1. Heard learned counsel for the parties and perused the
material available on record.
2. The present bail applications have been filed under Section
483 of Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023 on
behalf of the petitioners, who are in custody in connection with
F.I.R. No.61/2020 dated 03.04.2020, registered at Police Station
Hamirwas, District Churu, for the offences under Sections 147,
148, 364, 302, 201, 120-B read with Section 149 of IPC.
3. Learned counsel for the petitioners submits that the co-
accused Sunil has already been enlarged on bail by a Coordinate
Bench of this Court in CRLMB No.597/2025 Vide order dated
17.03.2025 while taking into consideration that he is behind the
bars for more than 4.5 years and till date, only 24 prosecution
witnesses have been examined out of total 82 prosecution
witnesses. He further submits that the petitioners' case is similar
to the co-accused, as petitioners Sandeep Kumar, Jitendra Kumar,
Sikander and Pramod Kumar are in judicial custody since
14.04.2020 (CRLMB 6012/2025 & 6014/2025) and 21.07.2020
(CRLMB No.6015/2025), and out of 82 prosecution witnesses, only
24 have been examined.
4. In support of his contentions, learned counsel placed reliance
on the judgment of Honb'le Supreme Court in the case of
Balwinder Singh Vs. State of Punjab & Anr. (Special Leave to
[2025:RJ-JD:25330] (3 of 5) [CRLMB-6012/2025]
Appeal (Crl.) No.8523/2024) in which while granting bail it has
been observed as under:
" 9. The incident in the present case occurred on 25.06.2020
and the petitioner was arrested soon thereafter on 26.06.2020.
By now, 6 co- accused have been granted bail. As the
prosecution wishes to examine 17 more witnesses, the trial is
unlikely to conclude on a near date.
10. Considering the above and to avoid the situation of the trial
process itself being the punishment particularly when there is
presumption of innocence under the Indian
jurisprudence, we deem it appropriate to grant bail to the
petitioner - Balwinder Singh. It is ordered accordingly.
Appropriate bail conditions be imposed by the learned trial
court."
5. He further submits that a coordinate Bench of this Court in
the case of Umesh Vyas vs. State of Rajasthan (S.B. Criminal
Misc. II Bail Application No.14958/2022), vide order dated
17.03.2023, also observed as follows:
"The Hon'ble Supreme Court in the cases of Abdul Majeed Lone
Vs. Union Territory of Jammu and Kashmir [Special Leave to
Appeal (Crl.) No.3961/2022], Amit Singh Moni Vs. State of
Himachal Pradesh (Criminal Appeal No.668/2020), Tapan Das
Vs. Union of India [Special Leave to Appeal (Criminal)
No.5617/2021], Kulwant Singh Vs. State of Punjab [Special
Leave to Appeal (Criminal) No.5187/2019], Ghanshyam
Sharma Vs. State of Rajasthan [Special Leave to Appeal
(Criminal) No.5397/2019], Nadeem Vs. State of UP [Special
Leave to Appeal (Criminal) No.1524/2022] and Mukesh Vs. The
State of Rajasthan [Special Leave to Appeal (Criminal)
No.4089/2021] has granted bail to the accused persons,
against whom the allegations are of transporting or possessing
narcotic contraband above commercial quantity, on the ground
of custody period and taking into consideration the fact that the
trial against the said accused persons will take time in
completion. The Hon'ble Supreme Court has ordered for release
of the accused persons who were in custody from two years to
four years. Learned Public Prosecutor has opposed the bail
application.
[2025:RJ-JD:25330] (4 of 5) [CRLMB-6012/2025]
Having regard to the totality of the facts and circumstances of
the case, I deem it appropriate to allow this fifth bail application
solely on the ground of custody period of the accused petitioner
and keeping in view the fact that the trial against him has not
been completed till date.
Accordingly, without expressing any opinion on the merits of
the case, this third bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioner Umesh Vyas
S/o Shri Ganeshlal Ji shall be released on bail in connection
with FIR No.15/2019 of Police Station Charbhuja, District
Rajsamand provided he executes a personal bond in a sum of
Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-
each to the satisfaction of learned trial court for his appearance
before that court on each and every date of hearing and
whenever called upon to do so till the completion of the trial"
6. Learned counsel for the petitioners further submits that the
petitioners-Sandeep Kumar, Jitendra Kumar and Sikandar are in
judicial custody since 14.04.2020 (approx. 5 years 1 month) and
Pramod Kumar is in judicial custody since 21.07.2020
(approx. 4 years 10 months) and the trial of the case will take
sufficiently long time, therefore, the benefit of bail may be granted
to the accused-petitioners.
7. Per contra, Learned Public Prosecutor opposes the bail
application, however, is not in a position to refute that the
petitioners-Sandeep Kumar, Jitendra Kumar and Sikandar are in
judicial custody since 14.04.2020 (approx. 5 years 1 month) and
Pramod Kumar is in judicial custody since 21.07.2020
(approx. 4 years 10 months) and out of total 82 prosecution
witnesses, only 24 have been examined.
8. This Court finds that it is not disputed that the accused
petitioners have so far suffered incarceration for long period and
[2025:RJ-JD:25330] (5 of 5) [CRLMB-6012/2025]
only 24 prosecution witnesses have been examined out of total 82
witnesses.
9. In view of above and, having regard to the entirety of facts
and circumstances of the case as available on record and looking
to the fact that the trial will consume time and thus, without
expressing any opinion on the merits/demerits of the case, this
Court is of the opinion that the petitioners deserves to be released
on bail.
8. Accordingly, the bail applications under Section 483 of
Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023 are allowed
and it is ordered that the accused-petitioners No.1. Sandeep
Kumar @ Sonu S/o Maman Ram, 2. Jitendra Kumar Alias
Kalu S/o Hoshiyar Singh, 3. Sikandar Alias Sikku S/o Rati
Ram and 4. Pramod Kumar S/o Subhash Chandra, arrested
in relation to F.I.R. No.61/2020 dated 03.04.2020, registered at
Police Station Hamirwas, District Churu, shall be enlarged on bail
provided each of them furnishes a personal bond in sum of
Rs.50,000/- with two sureties of Rs.25,000/- each to the
satisfaction of the learned trial Judge for their appearance before
the Court concerned on all the dates of hearing as and when
called upon to do so.
(DR. NUPUR BHATI),J
185-187-amit/-
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