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[2025:RJ-JP:14522] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3973/2025 Pukhraj S/o Ramkishan, Aged About 64 Years, R/o Gopalpura, Tan Gudhachandraji, Police Station Nadoti, District Karauli, Rajasthan. (At Present Confined In Sub Jail, Hindaun City). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3974/2025
1. Smt. Kavita W/o Ramkesh, Aged About 23 Years, R/o Gopalpura, Tan Gudhachandraji, Police Station Nadoti, District Karauli, (Raj). (At Present Confined In Central Jail, Bharatpur).
2. Smt. Surjya W/o Pukhraj, Aged About 58 Years, R/o Gopalpura, Tan Gudhachandraji, Police Station Nadoti, District Karauli, (Raj). (At Present Confined In Central Jail, Bharatpur). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. A.K. Gupta, Sr. Adv. with Mr. Rinesh Gupta & Mr. Gaurav Sharma For Respondent(s) For Complainant(s) : : Ms. Arti Sharma, PP Mr. Abdul Rahim Khan HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 01/04/2025
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.296/2023 registered at Police Station Nadoti, District Karauli (Rajasthan) for the offences punishable under Sections 143, 341, 323, 447, 354, 379 & 506 of IPC. Later
[2025:RJ-JP:14522] (2 of 3) [CRLMB-3973/2025] on, police filed charge-sheet in this matter for the offences punishable under Sections 341, 323, 506, 307, 147, 148, 149, 324 & 325 of IPC.
2.
Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Counsel submits that essentially, there is land dispute between the parties. It is submitted that vide order dated 16.03.2023 trial court directed the complainant party to furnish bonds so as to maintain peace, despite this, they tried to take possession of the land in question which as per the commissioner report, is in possession of the petitioners. It is submitted that cross-cases have been registered between the parties. Counsel submits that other co-accused persons namely- Dinesh, Ramkhiladi, Sardar, Satveer, Mahendra Singh & Tejsingh have been granted benefit of bail by co-ordinate Bench of this Court. Counsel further submits that charge-sheet has been filed under the provisions of Section 299 of Cr.PC and trial will take considerable time in its conclusion. Petitioners are in custody since 05.03.2025 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 counsel for the petitioners. It is submitted that petitioners are duly named in the FIR and there is specific allegation against them of causing grievous injuries on the person of the 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
[2025:RJ-JP:14522] (3 of 3) [CRLMB-3973/2025] for both the parties, especially the fact that cross-cases have been registered between the parties on account of land dispute, so also considering the fact that civil litigation is going on and application preferred by the complainant for temporary injunction has already been rejected; co-accused persons namely- Dinesh, Ramkhiladi, Sardar, Satveer, Mahendra Singh & Tejsingh have been granted benefit of bail by co-ordinate Bench of this Court and trial will take considerable 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 fit and proper to allow these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners- (1) Pukhraj S/o Ramkishan, (2) Smt. Kavita W/o Ramkesh and (3) Smt. Surjya W/o Pukhraj 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 observation made herein above is only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J LALIT MOHAN /212-213