[2025:RJ-JP:30185] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5261/2025 1. Suresh Singh S/o Late Sh. Bacchan Singh, Aged About 38 Years, R/o Bandhmujaffarpur, Police Station Viratnagar, District Kotputli Behror. (At Present Confined In Sub Jail Kotputli). 2. Mahaveer Singh S/o Late Sh. Bacchan Singh, Aged About 36 Years, R/o Bandhmujaffarpur, Police Station Viratnagar, District Kotputli Behror. (At Present Confined In Sub Jail Kotputli). ----Petitioners Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sikander Singh Sakkarwal Mr. Dinesh Choudhary For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicants-accused Suresh Singh S/o Late Sh. Bacchan Singh and Mahaveer Singh S/o Late Sh. Bacchan Singh in FIR No.174/2024 dated 16.08.2024 registered at P.S. Viratnagar District – Kotputli Behror, whereby the applicants-accused were charged under Sections 318(4), 336(3), 338, 340(2) and 61(2)(B) of BNS. 2. The applicants-Suresh Singh S/o Late Sh. Bacchan Singh and Mahaveer Singh S/o Late Sh. Bacchan Singh were [2025:RJ-JP:30185] (2 of 4) [CRLMB-5261/2025] arrested and are in judicial custody since their arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicants relying upon grounds raised in bail application submits that the applicants are innocent and falsely implicated in the present case. Further he submitted that the investigation relating to present applicants-accused is complete and are no more required by the Investigating Agency for investigation. He further assures that in case, the applicants-accused are required for further investigation, the applicants-accused will be available for such investigation. He also submitted that the investigation/trial will take its own time and no purpose will be served by keeping the applicants-accused in custody. 4. Learned counsel for petitioner submitted that the dispute pertains to a revenue land belonging to grandfather of petitioners and after his death, this land was mutated in the name of father of petitioners Bacchan Singh. He submitted that after death of Bacchan Singh land has to be transferred in the name of both the petitioners. He further submitted that as per facts of the case, Bacchan Singh was adoption to another family and instead of writing name of adopted father Vijay Singh, name of biological father Hardev was mentioned in death certificate and only on this account, these petitioners were arrayed as an accused. He also submitted that there is a civil dispute between the family and disposal of case will take time. 5. Aforesaid contentions were opposed by learned Public Prosecutor. [2025:RJ-JP:30185] (3 of 4) [CRLMB-5261/2025] 6. Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On the basis of criminal complaint filed by complainant Jai Singh before the Judicial Magistrae, Virat Nagar, FIR No.174/2024 was registered at P.S. Virat Nagar and after investigation, a charge-sheet has been filed against the petitioners. It is an admitted case that Jai Singh and Bacchan Singh are brothers and biological son of Hardev Singh but as per complainant Bacchan Singh went in adoption to Vijay Singh and severed relations with Hardev Singh. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused Suresh Singh S/o Late Sh. Bacchan Singh and Mahaveer Singh S/o Late Sh. Bacchan Singh. 9. Thus, the instant bail application filed on behalf of applicants-accused Suresh Singh S/o Late Sh. Bacchan Singh and Mahaveer Singh S/o Late Sh. Bacchan Singh is hereby allowed and the applicants-accused Suresh Singh S/o Late Sh. Bacchan Singh and Mahaveer Singh S/o Late Sh. Bacchan Singh are ordered to be released on bail [2025:RJ-JP:30185] (4 of 4) [CRLMB-5261/2025] on condition that each of the petitioners would furnish a personal bond of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be cancelled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /78