Rajasthan High Court – Jodhpur
Jabaru vs State Of Rajasthan on 15 July, 2026
Author: Ashok Kumar Jain
Bench: Ashok Kumar Jain
[2026:RJ-JP:31554]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2202/2026
CNR: RJHC010136502026
URN: CRLMB / 5027U / 2026
1. Jabaru S/o Shri Vaga, Aged About 39 Years, Resident Of
Verpeeparada PS, Rajnagar District Rajsamand, Raj.
(Presently Lodged In District Jail Rajsamand)
2. Mukesh S/o Shri Balu, Aged About 36 Years, Resident Of
Verpeeparada PS, Rajnagar District Rajsamand Raj.
(Presently Lodged In District Jail Rajsamand)
----Petitioners
Versus
State Of Rajasthan, Through PP
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 15675/2025
CNR: RJHC011145622025
URN: CRLMB / 32677U / 2025
Ratan Lal S/o Shri Vaga, Aged About 31 Years, Resident Of
Village Verpeeparada PS Rajnagar District Rajsamand Rajasthan.
(Presently Lodged In Dist. Jail Rajsamand)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh Rathore
For Respondent(s) : Mr. Narendra Gehlot, PP assisted by
Mr. Omprakash Choudhary
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order
15/07/2026
1. These bail applications under Section 483 of BNSS are filed
by the applicants-accused (1) Jabaru S/o Shri Vaga, (2)
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Mukesh S/o Shri Balu and (3) Ratan Lal S/o Shri Vaga
seeking bail in respect of a criminal case registered as FIR
No.159/2024 dated 20.05.2024 registered at P.S.
Railmagara, District Rajsamand, for the offence punishable
under Sections 302, 394, 458 and 460/34 of IPC.
2. During course of arguments, learned counsel for the
applicants-accused offered to withdraw the present bail
applications of Jabaru S/o Shri Vaga and Ratan Lal S/o Shri
Vaga with liberty to file after recording the statement of few
more witnesses including Smt. Santosh.
3. In view of above, the present bail applications of Jabaru and
Ratanlal are hereby dismissed as withdrawn with liberty
aforesaid.
4. We are only considering the bail application of Mukesh S/o
Shri Balu. Learned counsel for the applicant submit that the
applicant has been falsely implicated in the matter and the
investigation against him is complete and he is no more
required in investigation. He further submit that there are no
chance of fleeing of applicant accused from the jurisdiction
of this Hon’ble Court. He also submit that the applicant
undertakes not to repeat offence and cooperate with trial,
which will take time.
5. Learned counsel for the applicant submits that FIR was
registered against unknown persons without disclosing the
identity of individuals. He further submits that the matter is
investigated by police and initially, a closure report was
proposed as no one was traceable, but on analysis of
telephonic location, the petitioners were suspected and
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ultimately five persons in all were arrested. He also submits
that one of the accused Koyal who was alleged to be
involved in conspiracy was already granted bail by
Coordinate Bench of this Court, whereas one of the juvenile
involved in the incident was also granted bail. He further
submits that after arrest of all three persons, a test
identification parade was organized, wherein present
applicant-accused Mukesh was not identified by any of the
witnesses. He also submits that during investigation, an
information under Section 27 of the Evidence Act was
recorded and that too a common information of all accused
and pursuant to the common information, a recovery of gold
ingot was made from possession of one jeweller in Bhilwara
district, but not from the possession of the present
applicant-accused Mukesh. He also submits that till date four
witnesses were examined and none of them have specified
any role of present applicant.
6. Learned Public Prosecutor has vehemently opposed the bail
application and submitted that the allegations are grave and
serious in nature.
7. Heard learned counsel for the applicant-accused and learned
Public Prosecutor. Perused the material placed on record by
both the parties.
8. On basis of an information lodged by complainant Devendra
Vaishnav, about the incident of robbery with murder in the
early morning of 20.05.2024 at his house after house-
breaking by night, resulting in murder of his family member,
FIR No.159/2024 was registered at Police Station
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Railmagara, District Rajsamand. Thereafter, police has
carried out certain investigation based on analysis and
location of mobiles and arrested Ratan Lal, Jabaru, Mukesh,
Mrs. Koyal and one juvenile. In test-identification parade,
present applicant-accused Mukesh was not identified, but
Ratan Lal and Jabaru were identified. A charge-sheet has
already been filed and present applicant-accused Mukesh is
facing trial. Admittedly, Mrs. Koyal and juvenile were granted
bail by a Coordinate Bench of this Court. A recovery of gold
ingot was effected from a jeweller, who was also charged
under Section 411 of IPC. Present applicant is in custody
since his arrest on 11.02.2025.
9. Upon hearing the arguments and perusing the record, we
have found that the applicant-accused Mukesh is no more
required in the investigation and he is 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
applicant-accused.
10. Thus, the instant bail application filed on behalf of applicant-
accused Mukesh S/o Shri Balu, is hereby allowed and the
applicant-accused is ordered to be released on bail with
condition that the petitioner 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 applicant-accused shall not tamper with
evidence or influence the witness in any manner.
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(ii) The applicant-accused shall not indulge in any
criminal activity and shall not repeat any criminal
offence punishable under the Law.
(iii) The applicant-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 applicant-accused shall be liable to be
canceled.
11. The Registry is directed to send a copy of this order to the
Trial Court through E-mail.
(ASHOK KUMAR JAIN),J
3 & 4/Govind singh Kaviya/655
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