[2025:RJ-JP:36012] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3514/2025 Babu Lal S/o Shri Lala Ram, R/o Mahla, Police Station- Mojamabad, District Jaipur (Raj.) (At Present In District Jail Jaipur) ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 6526/2025 Omprakash S/o Nathu Lal, Aged About 28 Years, R/o Mahla, Police Station Mauzmabad, District Jaipur (At Present Accused Petitioner Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vijay Singh Mr. Azaz-ul-Haq For Respondent(s) For Complainant(s) : : Mr. Tapesh Agarwal, PP with Mr. Gaurav Gupta, Asst. G.A. Mr. Rajneesh Gupta with Ms. Chanchal HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/09/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.389/2024 registered at Police Station Mauzmabad, District Dudu for the offences under Sections 189(2), 126(2), 127(2), 115(2), 329(3) and 324(2) of Bharatiya Nyaya [2025:RJ-JP:36012] (2 of 3) [CRLMB-3514/2025] Sanhita (in short, ‘BNS’), 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 126(2), 115(2), 103(1), 117(2) and 3(5) of BNS, 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is contended that cross cases have been registered between the parties and both sides have sustained injuries. It is submitted that cause of death is head injury which has been attributed to co- accused namely- Raj Kumar Jajoriya. It is submitted that omnibus allegations have been levelled against the petitioners. It is argued that in cross case, complainant party has already been charge- sheeted for the offence punishable under Section 307 of IPC. Trial will take considerable time in its conclusion. It is argued that petitioner- Babu Lal is in custody since 01.12.2024 whereas petitioner- Omprakash is in custody since 03.01.2025 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by learned counsel for the petitioners. It is submitted that number of persons have sustained injuries in this case and as such, petitioners have also actively participated in commission of crime. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially considering the material available on record in the form of charge-sheet, as also considering the fact that fatal injury on the head of the deceased [2025:RJ-JP:36012] (3 of 3) [CRLMB-3514/2025] has been assigned to co-accused namely- Raj Kumar Jajoriya and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Babu Lal S/o Shri Lala Ram and (2) Omprakash S/o Nathu Lal, shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observations made hereinabove are only for decision of these bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /45-46