[2025:RJ-JP:14648] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3896/2025 1. Girdhari Adopted S/o Ramkishore S/o Murari Lal, Aged About 50 Years, R/o Gudhachandraji, Ps Nadoti, District Karauli (Presently Confined In Sub- Jail Hindaun City) 2. Sharwan S/o Murari Lal, Aged About 45 Years, R/o Gudhachandraji, Ps Nadoti, District Karauli (Presently Confined In Sub- Jail Hindaun City) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ashvin Garg with Mr. Nonit Hatila For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 01/04/2025 1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioners, who have been arrested in connection with FIR No.52/2025 registered at Police Station Nadoti, District Karauli (Raj.) for the offences punishable under Sections 189(2), 109(2), 115(2), 126(2) & 303(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. Investigation is being conducted in this matter for the offences punishable under Sections 110, 115(2), 126(2), 117(2) & 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 submitted that cross-cases have been registered between the parties and both sides have sustained injuries. It is further submitted that main injured of this case namely- Vijendra has sustained five injuries out of which one injury which is on middle finger of the injured has been opined as grievous in nature and [2025:RJ-JP:14648] (2 of 3) [CRLMB-3896/2025] same has been caused by blunt object. Learned counsel also contends that another injured also sustained injury on his finger. It is contended that trial of the case will take considerable time in its conclusion. Petitioners are in custody since 01.03.2025 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners and submits that petitioners are habitual offenders as three other cases have been registered against petitioner- Girdhari and one other case has been registered against petitioner- Sharwan. 4. At this stage, it is contended by learned counsel for the petitioners that in two cases, petitioner- Girdhari has been acquitted. 5. It has come to the notice of the court that despite, name of learned counsel for the complainant appearing in the cause list, no one has put in appearance on behalf of the complainant to argue the case. 6. I have considered the contentions. 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, as also the fact that cross-cases have been registered between the parties and both sides have sustained injuries; both parties are from the same family 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 this bail application. 8. This bail application is accordingly allowed and it is directed [2025:RJ-JP:14648] (3 of 3) [CRLMB-3896/2025] that accused-petitioners – 1.) Girdhari Adopted S/o Ramkishore S/o Murari Lal and 2) Sharwan S/o Murari 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. 9. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in second week of every month in the concerned police station, till trial is concluded. 10. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to them by this Court. 11. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /206