[2025:RJ-JP:35887] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4729/2025 1. Babulal S/o Narayan, Aged About 45 Years, R/o Kishanpura @ Allapura, Police Station Itawa, Kota Rajasthan. 2. Dinesh @ Dhanna S/o Babulal, Aged About 21 Years, R/o Kishanpura @ Allapura, Police Station Itawa, District Kota, Rajasthan. 3. Kuldeep S/o Nankilal, Aged About 30 Years, R/o Kishanpura @ Allapura, Police Station Itawa, District Kota, Rajasthan. (Presently Confined In Central Jail, Kota). ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kailash Chand Meena, Adv. For Respondent(s) : Mr. Tapesh Agarwal, PP with Mr. Gaurav Gupta, Asstt.G.A., Mr. Shubham Kumar Sain, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/09/2025 1. Learned counsel for the petitioners seeks withdrawal of this bail application qua accused-petitioner No.2 - Dinesh @ Dhanna S/o Babulal with liberty to renew the prayer of bail in changed circumstances. 2. Permission sought for is granted. 3. Accordingly, this bail application is dismissed as withdrawn qua accused-petitioner No.2 i.e. Dinesh @ Dhanna S/o Babulal with liberty as prayed for. 4. So far as accused-petitioner Nos.1 and 3 are concerned, they have preferred the instant bail application under Section 483 of BNSS as they have been arrested in connection with FIR No.496/2024 registered at Police Station Itawa, District Kota Rural for the offences punishable under Sections 103(1), 109(1), [2025:RJ-JP:35887] (2 of 3) [CRLMB-4729/2025] 115(2), 126(2), 191(2) and 191(3) of BNS, 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 103(1), 109(1), 115(2), 126(2), 3(5) and 117(2) of BNS, 2023. 5. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that it is a case of sole injury. The other injury on the leg of the deceased is superficial in nature. He further submits that allegation of causing injury on the head of the deceased is attributed to petitioner No.1- Babulal and petitioner No.2- Dinesh @ Dhanna. He argues that injury No.1, was allegedly caused by a sharp-edged weapon axe by accused Dinesh @ Dhanna and the same has been recovered at the instance of petitioner No.2- Dinesh @ Dhanna. He further argues that there is no allegation against petitioner No.3- Kuldeep of causing any injury to the deceased. He contends that charge-sheet has already been filed and except one criminal antecedent against the petitioner No.3- Kuldeep for the offences punishable under Sections 341, 323 and 34 of IPC, there are no criminal antecedents against the petitioners and trial of the case will take considerable time in its conclusion. He further argues that the petitioners are in custody since 12.12.2024 and further custody of the petitioners would not serve any fruitful purpose. 6. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. 7. I have considered the contentions. [2025:RJ-JP:35887] (3 of 3) [CRLMB-4729/2025] 8. 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; allegation of causing head injury is appearing against petitioner No.2- Dinesh @ Dhanna 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 the bail application. 9. This bail application is accordingly partly allowed and it is directed that accused-petitioners- 1. Babulal S/o Narayan, and 3. Kuldeep S/o Nankilal 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. 10. The observation made herein above is only for decision of these instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/52