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2025 DAILYLAW 13773 (RAJ)

JAMSHED S/O SIRDAR v. STATE OF RAJASTHAN

CRLMB/4481/2025 · 2025-04-03

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:15205] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 4481/2025 Jamshed S/o Sirdar, Aged About 40 Years, R/o Kakrali, Police Station Sadar, Alwar, Presently Near Radheyshyam Ki School, Tijara Road, Alwar (Raj.) (At Present Confined In Central Jail Alwar). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Ms. Gunjan Sharma For Respondent(s) : Mr. N.S. Dhakad, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 03/04/2025 1. The instant third bail application has been filed under Section 483 of the BNSS, 2023 on behalf of accused-petitioner in connection with FIR No.237/2024 registered at Police Station Sadar Alwar, District Alwar for the offence under Sections 143, 323, 341, 452, 427 and 509 IPC. 2. First bail application of the petitioner bearing S.B. Criminal Misc. Bail Application No.7959/2024 was dismissed by this Court vide order dated 28.08.2024 in view of the fact borne out from the evidence collected during investigation that the accused-petitioner has inflicted injury to injured-Sabir with a sharp edged weapon. The said injury was lateron opined to be dangerous to life. 3. The second bail application of the petitioner bearing S.B. Criminal Misc. Second Bail Application No.15739/2024 was [2025:RJ-JP:15205] (2 of 3) [CRLMB-4481/2025] dismissed by this Court as withdrawn vide order dated 29.01.2025. 4. Learned counsel for the petitioner submits that the allegation against the accused-petitioner is of causing injury to Sabir. The investigation report discloses that the accused-petitioner was asking the complainant not to roam near about his house and when the complainant continuing to roam around his house, the alleged incident has taken place. Learned counsel also submits that initially only one injury inflicted by the accused-petitioner was opined to be grievous in nature but lateron it was held to be dangerous to life. 5. Considered the submissions made by counsel for the petitioner and also perused the material available on record. 6. Learned counsel has failed to point out any material change circumstances subsequent to the dismissal of the second bail application on 29.01.2025. 7. The second bail application was dismissed as withdrawn vide order dated 29.01.2025. Learned counsel has also relied upon the statements of the injured witness-Sabir who has been examined as PW-10 on 03.01.2025 and thereafter, the second bail application of the accused-petitioner was dismissed on 29.01.2025. Meaning thereby whatever were there in the statements of the injured-Sabir that have been taken into consideration while dismissing the second bail application. 8. From the statements of the injured witness-Sabir examined as PW-10, there is specific allegation against the accused- [2025:RJ-JP:15205] (3 of 3) [CRLMB-4481/2025] petitioner of causing injury by sharp edged weapon which has been opined to be dangerous to life. 9. In the aforesaid circumstances, this Court is not inclined to enlarge the accused-petitioner on bail. 10. Accordingly, the instant third bail application is hereby dismissed. (GANESH RAM MEENA),J Ashish Kumar /17