State Of Rajasthan, Through Pp v. Connected

Ajay Kumar S/o Lt. Shri Gopal Chohan, R/o Murwara Police Station Sewar District Bharatpur At Present R/o As A Tenent Flat House No. B 603 Chandresh Avenue Lodha Road , Neelaje Village , Near Station , Police Station Manpada District Thane [2025:RJ-JP:36452] (2 of 7) [CRLMB-9424/2025] (Maharastra) (At Present Confined In Centre Jail Jaipur) State Of Rajasthan, Through P.p. Versus ----Petitioner ----Respondent S.B. Criminal Miscellaneous Bail Application No. 10167/2025 Rahul Chaudhary S/o Shri Netrapal Chaudhary, Aged About 22 Years, R/o Shambhuwala Hanuman Mandir Road, Aajad Nagar, Ps Kotwali Dist Jaipur, Rajasthan (At Present Confined In Central Jail, Jaipur) State Of Rajasthan, Through Pp Versus ----Petitioner ----Respondent For Petitioner(s) : Mr. Nikhilesh Katara with Mr. Vishnu Kumar Sharma and Mr. Surbhi Veerwal Mr. Bhanu Prakash Verma Mr. Vinod Kumar Sharma Mr. Lakhan Singh Tomar For Respondent(s) : Mr. Kamal Kumar Gupta Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN 09/09/2025 Order

1. The present bail applications under Section 483 of BNSS are filed by the applicants-accused Dharmveer Singh @ Rahul @ Bhura S/o Bhagwan Singh, Aniket @ Lala S/o Bhagwan Singh, Arvind @ Neta S/o Dinesh, Ajay Kumar S/o Lt. Shri Gopal Chohan and Rahul Chaudhary S/o Shri Netrapal Chaudhary, seeking bail in respect of a criminal case registered as FIR No.82/2025 [2025:RJ-JP:36452] (3 of 7) [CRLMB-9424/2025] dated 04.06.2025 registered at P.S. SMS Hospital District – Jaipur (East), for the offence under Sections 307, 324(2) and 112(2) of BNS.

2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the applicants undertake not to repeat offence and cooperate with investigation/trial, which will take time.

3. Learned counsel for parties submitted that for incident of evening of 03.06.2025, report is registered in the evening of

04.06.2025 and complainant has not informed loot of his valuable articles on very same day of incident and there is no explanation of delay for lodging FIR. They further submitted that as per statement of complainant, two persons on a motorbike after breaking the glass of car has stolen the jewelry whereas police has implicated more than 5 persons in the incident and same is contrary to the report lodged by complainant.

4. Learned Counsel for Petitioner Dharamveer submits that a card is recovered from possession of Dharamveer whereas registration certificate is recovered from Aniket but there is no recovery of stolen jewelry or any other valuable article. He further submitted that these petitioners were arrested without any protecting veil and no test identification parade [2025:RJ-JP:36452] (4 of 7) [CRLMB-9424/2025] was conducted. He also submitted that there is no other criminal case registered against them.

5. Learned Counsel for Petitioner Arvind submits that stone necklace of six layers was recovered from possession of present petitioner along with one revolver and there is one case of simple injury registered against him. He further submitted that no test identification of petitioner was conducted to show involvement in the loot.

6. Learned Counsel appearing on behalf of Ajay Kumar submitted that he is resident of Bharatpur and currently residing at Thane on rent and police has made recovery of beads, necklace, ring etc. allegedly stolen from complainant. He further submitted that out of 4 cases registered against the petitioner accused, 3 are under Rajasthan Exercise Act, whereas 4th one is preparation for dacoity.

7. Learned Counsel appearing on behalf of Rahul Choudhury submits that the allegation upon present petitioner is for involvement in dacoity and there is no recovery from present petitioner. He also submitted that there is no criminal antecedent against the petitioner and there is no allegation in the statement of complainant recorded under Section 180 of BNSS.

8. Learned Counsel for the parties appearing on behalf of petitioners submits that initially a case under Section 307, 324(2), 112 (2) of BNSS was registered by police but later it was converted to 310(2), 324(2), 112(2), 317(3) of BNSS, and 3/25(6) of Arms Act. They further submitted that a simple case under Section 304 of BNS is made out, wherein [2025:RJ-JP:36452] (5 of 7) [CRLMB-9424/2025] maximum sentence is of 3 years and triable by magistrate. They further submitted that whatever recovery is effected from the petitioners the petitioners are neither claiming them nor they have any objection in releasing to the complainant.

9. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature.

10. Learned Counsel for Complainant submits that these petitioners have committed a planned dacoity and looted valuable articles for more than ₹75 lakhs. He further submitted that this is an act of grave nature.

11. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties.

12. On the basis of complaint lodged by Complainant Brij Mohan Gandhi on 04.06.2025 about incident of robbery by two persons on motorcycle in the evening of 03.06.2025, a criminal case is registered, and during investigation, petitioners accused Dharamveer, Aniket, Arvind and Rahul Choudhary were arrested on the ground that they were involved in the incident, whereas petitioner accused Ajay Kumar is arrested as he is a receiver of stolen goods. There is no criminal antecedent against Dharamveer, Aniket and Rahul Choudhary, but one case is registered against Arvind and four cases against Ajay Kumar, out of four criminal cases, three relates to Excise Act, and one pertains to planning and preparation for dacoity along with Arms Act. [2025:RJ-JP:36452] (6 of 7) [CRLMB-9424/2025] The petitioners have submitted that they will not claim the articles recovered from them and they have no objection for release to the complainant.

13. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused.

14. Thus, the instant bail applications filed on behalf of applicants-accused Dharmveer Singh @ Rahul @ Bhura S/o Bhagwan Singh, Aniket @ Lala S/o Bhagwan Singh, Arvind @ Neta S/o Dinesh, Ajay Kumar S/o Lt. Shri Gopal Chohan and Rahul Chaudhary S/o Shri Netrapal Chaudhary, are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner(s) would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. [2025:RJ-JP:36452] (7 of 7) [CRLMB-9424/2025] (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled.

15. The Registry is directed to send a copy of this order to the Trial Court through E-mail. PREETI VALECHA /46-50 (ASHOK KUMAR JAIN),J