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[2025:RJ-JP:12431] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 3616/2025 Radhacharan S/o Sundar Lal Sharma, Aged About 46 Years, R/o Village Nahcholi, P.S. Baseri, District Dholpur, Rajasthan, Presently 267/630, Pratap Nagar Sector 26, Jaipur, Police Station Pratap Nagar Jaipur City. (At Present Confined In District Jail Dholpur, District Dholpur) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3617/2025 Vipin S/o Radhacharan, Aged About 22 Years, R/o Nahcholi, Police Station Baseri, District Dholpur, Presently 267/630, Pratap Nagar, Jaipur, Police Station Pratap Nagar, Jaipur City. (At Present Confined In District Jail Dholpur, District Dholpur) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sukhdev Singh Solanki, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP and Mr. Nirmal Kumar Sharma, Adv., for complainant.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 19/03/2025
1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.450/2024 registered at Police Station Baseri, District Dholpur for the offences punishable under Sections
[2025:RJ-JP:12431] (2 of 3) [CRLMB-3616/2025] 189(2), 115(2), 126(2), 351(2), 352, 125, 333 and 303(2) of BNS, 2023. Later on, Police filed charge-sheet in this matter for the offences punishable under Sections 115(2), 126(2), 109(1), 117(2), 3(5) and 125(a) of BNS, 2023.
2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.
Learned counsel submits that alleged incident took place in the spur of moment and there was no intention to cause life threatening injury. He argues that charge-sheet has already been filed, there are no criminal against the petitioners and trial of the case will take considerable time in its conclusion. He contends that the petitioners are in custody since their date of arrest 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 the
learned counsel for the petitioners. They submit that according to the medical report, there is life threatening injury on the person of injured.
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 petitioners, especially the manner in which the incident took place; charge-sheet has been filed; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications.
[2025:RJ-JP:12431] (3 of 3) [CRLMB-3616/2025]
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners– 1. Radhacharan S/o Sundar Lal Sharma and 2. Vipin S/o Radhacharan 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.
(ANIL KUMAR UPMAN),J MADAN/S-180-181