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2025 DAILYLAW 14640 (RAJ)

BHAGWAN SINGH S/O RAMJILAL GUJAR v. STATE OF RAJASTHAN

CRLMB/4804/2025 · 2025-05-13

Ashutosh Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:20064] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4804/2025 1. Bhagwan Singh S/o Ramjilal Gujar, Aged About 50 Years, R/o Dumariya, P.s. Roodawal, Distt. Bharatpur (Rajasthan) (At Present Confined At District Jail, Bharatpur). 2. Harwan Singh @ Harbhan @ Lakhan @ Lakho S/o Shri Nirothi Gujar, Aged About 27 Years, R/o Dumariya, P.s. Roodawal, Distt. Bharatpur (Rajasthan) (At Present Confined At District Jail, Bharatpur). ----Accused/Applicants Versus State of Rajasthan, Through PP ----Respondent For Applicants : Mr. Syed Shahid Hasan, Sr. Adv. assisted by Mr. Abdul Basit Naqvi, Adv. For Respondent : Mr. Vivek Sharma, Addl.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 13/05/2025 1. The present bail application has been filed by the accused- applicants under Section 483 of the B.N.S.S., 2023 against the order dated 26.03.2025 passed by learned Additional Sessions Judge No.2, Bayana, District Bharatpur in Bail Application No.24/2025 arising out of FIR No.99/2025, registered at Police Station Rudawal, District Bharatpur for the offences punishable under Sections 115(2), 126(2), 109(1) read with 3(5) of B.N.S., 2023 by which the bail application of the accused-applicants under Section 483 of B.N.S.S., 2023 has been dismissed. [2025:RJ-JP:20064] (2 of 3) [CRLMB-4804/2025] 2. Learned Senior Counsel for the accused-applicants submits that the accused-applicant has falsely been implicated in this case. Learned Senior Counsel also submits that the charges levelled against the accused-applicants are for the offences punishable under Sections 115(2), 126(2), 109(1) read with 3(5) of B.N.S., 2023 i.e. with regard to committing attempt to murder, however, as per the injury report of the injured-Ramroop, only one bruise has been found on his body. Learned Senior Counsel further submits that the allegation against the accused-applicants is regarding use of firearm on the injured-Ramroop, however, no injury relating to firearm has been found on the body of the injured. 3. Learned Senior Counsel for the accused-applicants submits that the accused-applicants were arrested on 18.03.2025 and since then, they are behind the bars and trial will take long time to conclude, therefore, the accused-applicants be granted benefit of bail. 4. Learned Additional Government Advocate vehemently opposes this bail application. 5. Heard learned counsel for the parties and also perused the material available on record. 6. Admittedly, the allegation against the accused-applicants is regarding use of firearm on the injured-Ramroop, however, injury report of the injured-Ramroop shows that only one bruise is found on his body and no injury relating to firearm has been caused to him. [2025:RJ-JP:20064] (3 of 3) [CRLMB-4804/2025] 7. Having regard to the facts and circumstances of the case; considering the period of custody of the accused-applicants and also considering that the investigation is complete and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicants. 8. Consequently, this bail application filed under Section 483 of B.N.S.S., 2023 is allowed. It is ordered that accused-applicants namely (1) Bhagwan Singh S/o Ramjilal Gurjar & (2) Harwan Singh @ Harbhan @ Lakhan @ Lakho S/o Shri Nirothi Gujar, arrested in connection with FIR No.99/2025, registered at Police Station Rudawal, District Bharatpur shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.50,000/- each and two solvent attested sureties of Rs.25,000/- each to the satisfaction of the trial Court. Applicants shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /128