GYAN SINGH ALIAS GYAN CHAND S/O CHONGA LAL v. THE STATE OF RAJASTHAN
CRLMB/5109/2025 · 2025-05-13
Ashutosh Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15512 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15512 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:20174] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5109/2025 Gyan Singh Alias Gyan Chand S/o Chonga Lal, Aged About 32 Years, R/o Sedaria, Tehsil Newai, District Tonk (Raj.) (Presently Residing At District Jail, Tonk). ----Accused-Applicant Versus The State of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Deepak Khandelwal, Adv. with Ms. Gauri Meena, Adv. For Respondent(s) : Mr. Vivek Sharma, Add.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 13/05/2025
1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the
order dated 01.04.2025 passed by learned Additional District & Sessions Judge, Newai, District Tonk in connection with FIR No. 499/2024, registered at Police Station Baroni, District Tonk for the offences punishable under Sections 189(2), 331(6), 74, 115(2), 351(3) & 109(1) of BNS, 2023 and Section 4/25 of Arms Act, by which the bail application of the accused-applicant under Section 483 of the B.N.S.S, 2023 has been dismissed.
2.
Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this matter.
Learned counsel argues that the charge-sheet has been filed against the accused-applicant and trial will take long time to
[2025:RJ-JP:20174] (2 of 3) [CRLMB-5109/2025] conclude. Learned counsel also argues that the accused-applicant was arrested on 16.12.2024 and since then, he is behind the bars.
Learned counsel contends that as per the charge-sheet, an offence under Section 109(1) of BNS has also been registered against the accused-applicant, however, neither any injury to vital part of the injured has been found nor any injury has been opined to be dangerous to life. Learned counsel prays that co-accused-Kalu Ram has been enlarged on bail by Co-Ordinate Bench of this Court vide order dated 19.02.2025 (S.B. Criminal Miscellaneous Bail Application No.159/2025), therefore, the present accused- applicant be enlarged on bail.
3. On the other hand, learned Public Prosecutor opposes the bail application and submits that as per the injury report of the injured-Surgyan grievous injury on left forearm has been found and the fracture of nasal bone has also been found to the injured- Meghraj in the incident, therefore, the accused-applicant should not be enlarged on bail.
4. Heard learned counsel for the parties and also perused the material available on record.
5. Having regard to the facts and circumstances of the case and considering the facts that the accused-applicant is behind the bars since 16.12.2024; that the charge-sheet has been filed and trial will take long time to conclude; none of the injury to the injured has been opined to be dangerous to life, 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 accused- applicant.
[2025:RJ-JP:20174] (3 of 3) [CRLMB-5109/2025]
6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Gyan Singh Alias Gyan Chand S/o Chonga Lal, arrested in FIR No. 499/2024, registered at Police Station Baroni, District Tonk shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court.
7. The Accused-Applicant 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 Mohita /139