Rajasthan High Court – Jodhpur
Rajesh @ Tada vs State Of Rajasthan (2026:Rj-Jd:15369) on 6 April, 2026
Author: Nupur Bhati
Bench: Nupur Bhati
[2026:RJ-JD:15369]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8731/2025
Rajesh @ Tada S/o Meva Singh, Aged About 34 Years, Resident
Of Dhani Kehar Tehsil Luharu District Bhiwani, Haryana (At
Present Lodged In Sub Jail, Rajgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 9140/2025
Sumit Loriya S/o Dilbhag, Aged About 21 Years, R/o Of Berasar
Bada Tesil 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. Hathi Singh, P.P.
HON'BLE DR. JUSTICE NUPUR BHATI
Order
06/04/2026
1. The instant bail applications have been filed by the
petitioners under Section 483 BNSS (439 of Cr.P.C.) who have
been arrested in connection with the FIR No.41/2021 dated
06.02.2021 registered at the Police Station Hamirwas, District
Churu, for the offences under Sections 147, 148, 302, 307 and
120-B read with Section 149 of the IPC and Section 3/25 of the
Arms Act.
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2. Learned counsel representing the petitioners submits that
statement of the complainant-Ramesh Kumar has been recorded.
He submits that the complainant in his statements has levelled
omnibus allegations against the petitioners. He submits that the
co-accused viz. Rahul s/o Ramesh Kumar (order dated 01.07.2025
in SBCRLMB No.6104/2025), Sumit @ Chita s/o Satyaveer Singh
(order dated 01.07.2025 in SBCRLMB No.6103/2025), Sandeep
Kumar s/o Balveer (order dated 01.07.2025 in SBCRLMB
No.6107/2025), Ramesh Kumar s/o Hoshiyar Singh (order dated
15.02.2022 in SBCRLMB No.2126/2022), Somveer Singh s/o Karn
Singh [order dated 07.05.2022 in SBCRLMB No.5508/2022
(second bail)], Sumit Kumar s/o Shree Ransingh (order dated
26.07.2022 in SBCRLMB No.6388/2022) and Somveer @ Somla s/
o Shree Duleechand [order dated 24.08.2023 in SBCRLMB
No.9498/2023 (third bail)], have been enlarged on bail by this
Court as well as the Coordinate Benches of this Court. He also
submits that the co-accused Banshi Lal and Ashok Kumar have
also been enlarged on bail by this Court and the Coordinate Bench
of this Court vide orders dated 20.01.2026 & 25.02.2026 passed
in S.B. Crl. Misc. 2nd Bail Application No.13566/2025 & S.B. Crl.
Misc. 3rd Bail Application No.10930/2025 respectively.
3. Counsel for the petitioners submits that the petitioner –
Rajesh @ Tada is in custody since 04.03.2021 and petition Sumit
Loriya is in custody since 16.02.2021 and this Court, by accepting
the instant bail application filed by the petitioners, may take into
consideration the judgment passed by the Hon’ble Apex Court in
the case of Rabi Prakash v. State of Orissa (Leave to Appeal
(Criminal) No.4169/2023) and Mohd. Muslim @ Hussain v.
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State [(NCT of Delhi) (Special Leave Petition (Crl.)
No(s).915 of 2023], while taking into consideration the
incarceration period undergone by the petitioners.
4. Learned Public Prosecutor opposes the bail application.
However, he is not in a position to refute the fact that the
complainant has levelled omnibus allegations. Furthermore, the
petitioners – Rajesh @ Tada & Sumit Loriya have been in custody
since 04.03.2021 & 16.02.2021 respectively–the fact that the
petitioners have been behind bars for a period of more than 5
years. He is also not in a position to refute that the co-accused,
viz. Rahul, Sumit @ Chita, Sandeep Kumar, Ramesh Kumar,
Somveer Singh, Sumit Kumar, Somveer @ Somla, Banshi Lal &
Ashok Kumar, have already been granted bail by this Court as well
as the Coordinate Benches of this Court.
5. Having considered the submissions advanced at the Bar by
the learned counsel for the parties; having regard to the entirety
of the facts and circumstances of the case as available on record;
and looking to the fact that the trial may take a long time to
conclude–also taking into consideration the decision rendered by
the Hon’ble Apex Court in the case of Rabi Prakash (supra), as
well as the fact that the petitioners have been behind bars for a
long time–without expressing any opinion on the merits or
demerits of the case, this Court deems it fit to enlarge the
petitioners on bail.
6. Consequently, the bail applications are allowed. It is ordered
that the accused petitioners Rajesh @ Tada S/o Meva Singh &
Sumit Loriya S/o Dilbhag, 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 they
furnish personal bond in the sum of Rs.50,000/- each and two
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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
5-pradeep/-
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