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2025 DAILYLAW 15205 (RAJ)

DHANRAJ JAT S/O GODU @ GORDHAN v. STATE OF RAJASTHAN

CRLMB/5067/2025 · 2025-04-09

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:15897] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3881/2025 Ramswaroop S/o Gordhan @ Godu, Aged About 32 Years, R/o Village Jatli P.s. Gegal, District Ajmer, Rajasthan Presently Confined At Central Jail, Ajmer. ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent With S.B. Criminal Miscellaneous Bail Application No.5067/2025 Dhanraj Jat S/o Godu @ Gordhan, R/o Village Jatali, P.s. Gegal, District Ajmer (Raj.) (At Present Confined In Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Applicants : Mr. Ajatshartru Mina, Adv. with Mr. Apeksha Tiwari, Adv. Mr. Rajat Choudhary, Adv. Mr. Swadheen, Adv. & Mr. Manav Sharma, Adv. (for the applicant-Ramswaroop) Mr. Devanshu Sharma, Adv. (for the applicant-Dhanraj) For Respondent : Mr. Narendra S. Dhakad, PP Dr. Ravish SHO, Police Station Ramganj, Ajmer (present in person) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 09/04/2025 1. As both these bail applications have been filed against the order of dismissal of bail applications of the present accused- [2025:RJ-JP:15897] (2 of 4) [CRLMB-3881/2025] applicants pertaining to the same FIR, they are being heard and decided by the instant common order. 2. These bail applications have been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 against the orders dated 11.03.2025 & 05.04.2025 passed by learned Additional Sessions Judge No.5, District Ajmer in connection with FIR No.34/2025, registered at Police Station Gegal, Ajmer for the offences punishable under Sections 109(1) and 3(5) of B.N.S., 2023 and Section 27 of the Arms Act, 1959 by which the bail applications of the accused-applicants under Section 483 of B.N.S.S have been dismissed. 3. Learned counsel for both the accused-applicants submit that the accused-applicants have falsely been implicated in these cases. Learned counsel also submit that the charge levelled against the accused-applicants is of causing gun-shot injury to the injured-Tejpal on 20.02.2025, however, in the statements recorded under Section 180 of B.N.S., 2023, the injured-Tejpal has specifically stated that due to darkness in the night, he could not see clearly as to who inflicted gun-shot injury to him, therefore, there is no evidence that the accused-applicants have caused gun- shot injury to the injured. Learned counsel for the accused- applicants submits that the accused-applicant Ramswaroop was arrested on 22.02.2025 and the accused-applicant Dhanraj was arrested on 23.02.2025 and since then, both of them are behind the bars and the trial will take long time to conclude, therefore, these bail applications may be allowed and the accused-applicants may be granted benefit of bail. [2025:RJ-JP:15897] (3 of 4) [CRLMB-3881/2025] 4. Learned counsel for the accused-applicant-Ramswaroop submits that 'desi katta' has been allegedly recovered from possession of the accused-applicant-Ramswaroop, for which a case under the Arms Act has been registered against him. 5. Learned Public Prosecutor vehemently opposes these bail applications filed on behalf of the accused-applicants. 6. Heard learned counsel for the accused-applicants and learned Public Prosecutor and also perused the material available on record. 7. Admittedly, the charges levelled against the accused- applicants are for the offences punishable under Sections 109(1) of B.N.S. Both the accused-applicants were arrested on 22.02.2025 and 23.02.2025 respectively and since then, they are behind the bars and the trial will take long time to conclude. 8. Having regard to the overall facts and circumstances of the case, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow these bail applications filed by the applicants. 9. Consequently, these bail applications filed by the applicants under Section 483 of the B.N.S.S, 2023 are allowed. It is ordered that accused-petitioners namely (1) Ramswaroop S/o Gordhan @ Godu (2) Dhanraj Jat S/o Gordhan @ Godu arrested in FIR No.34/2025, registered at Police Station Gegal, Ajmer will be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- each and two solvent sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicants [2025:RJ-JP:15897] (4 of 4) [CRLMB-3881/2025] will 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 /421 & 628-S.