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2025 DAILYLAW 16629 (RAJ)

BABULAL CHOUDHARY S/O HARI NARAYAN v. THE STATE OF RAJASTHAN

CRLMB/5488/2025 · 2025-05-21

Pramil Kumar Mathur

body2025

Judgment text

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[2025:RJ-JP:21414] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5488/2025 1. Babulal Choudhary S/o Hari Narayan, Aged About 25 Years, R/o Nitharwalo Ki Dhani, Tan Rojadi, Ps-Phulera, (District Jaipur At Present In Judicial Custody At Sub Jail Sambhar Lake) 2. Banwari Nitharwal S/o Ramnath, Aged About 45 Years, R/o Nadarampura, Tan Rojadi, Ps -Phulera District Jaipur (At Present In Judicial Custody At Sub Jail Sambhar Lake). 3. Babulal Nitharwal S/o Shrawan Lal, Aged About 34 Years, R/o Saran Ki Dhani, Gajadhar Pura, Ps Kalwar, District Jaipur (At Present Petitioner Is Confined In Sub Jail, Sambhar Lake). ----Petitioners Versus The State Of Rajasthan, Through Pp ----Respondents For Petitioner(s) : Mr. Dinesh Pareek with Mr. Rakesh Chandel For Respondent(s) For Complainant : : Mr. Rajendra Singh Shekhawat, PP Ms. Kiran Parihar HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 21/05/2025 1. The petitioners have preferred this bail application under Section 483 of BNSS in FIR No.41/2025 registered at Police Station-Phulera (Jaipur Rural), District-Jaipur Rural for the offences under Sections 189(2), 115(2), 126(2) and 324(4) of BNS, 2023. [2025:RJ-JP:21414] (2 of 3) [CRLMB-5488/2025] 2. Heard learned counsel for the petitioners, learned Public Prosecutor and counsel for the complainant and perused the material available on record. 3. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. Counsel further submits that as per the prosecution story the injury alleged to be caused at tibia and fibula bone are shown dangerous to life, which is highly improbable. Counsel further submits that though there are four cases pending against Banwari Nitharwal but two cases have been disposed of and only one case is registered against Babulal Nitharwal. Petitioners are behind the bars since 22.04.2025. The trial of the case may take considerable time, hence the bail application of the petitioners may be allowed. 4. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail application. 5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case and without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners. 6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioners-Babulal Choudhary S/o Hari Narayan, Banwari Nitharwal S/o Ramnath and Babulal Nitharwal S/o Shrawan Lal shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each of them to the [2025:RJ-JP:21414] (3 of 3) [CRLMB-5488/2025] satisfaction of the learned trial court for their appearance before that Court on all the dates till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Arun/32