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2025 DAILYLAW 17736 (RAJ)

KHUSHIRAM S/O RAMKHILADI v. STATE OF RAJASTHAN

CRLMB/6077/2025 · 2025-06-11

Ashok Kumar Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:23083] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5263/2025 Bunty S/o Khiladi, R/o Parvatpuri, Pinkcity Hotel Ke Piche, Jalmahal, Brahmpuri, Tripoliya Bazar, Jaipur, Police Station Brahmpuri, District Jaipur (Raj.). (At Present Confined In District Jail Karauli) ----Accused-Petitioner Versus State of Rajasthan, through its Public Prosecutor ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 6077/2025 1. Khushiram S/o Ramkhiladi, R/o Parvatpuri Pinkcity Hotel Ke Piche, Jalmahal, Brahmpuri, Tripoliya Bazar, Jaipur, Police Station Brahmpuri, District Jaipur (Raj.) 2. Suraj S/o Khiladi, R/o Parvatpuri Pinkcity Hotel Ke Piche, Jalmahal, Brahmpuri, Tripoliya Bazar, Jaipur, Police Station Brahmpuri, District Jaipur (Raj.) 3. Vikash S/o Dharamsingh, R/o Faridabad Sector No. 30, House No. 02, Shramik Bihar Colony, Police Station Sector 31, Faridabad. (At Present Accused Petitioners are Confined In Central Jail Karauli) ----Accused-Petitioners Versus State Of Rajasthan, Through Public Prosecutor, Bharatpur. ----Respondent For Petitioner(s) : Mr. Mamoon Khalid with Mr. Pranjul Chopra Mr. Ankur Jain Mr. Manoj Kumar Chaudhary For Respondent(s) For Complainant : : Mr. Amit Kumar Gupta, P.P. Mr. Tapesh Agarwal, P.P. Mr. Naved Rafiq HON'BLE MR. JUSTICE ASHOK KUMAR JAIN [2025:RJ-JP:23083] (2 of 4) [CRLMB-5263/2025] Judgment / Order 11/06/2025 1. These instant applications for bail filed under Section 483 of BNSS by the applicants-accused Bunty S/o Khiladi, Khushiram S/o Ramkhiladi, Suraj S/o Khiladi and Vikash S/o Dharamsingh in FIR No.0025/2025 dated 08.03.2025 registered at P.S. Kudgaon, District - Karauli, whereby the applicants-accused have charged under Sections 115(2), 126(2), 109(1), 191(3), 190 & 125 of B.N.S. 2. The applicants Bunty S/o Khiladi, Khushiram S/o Ramkhiladi, Suraj S/o Khiladi and Vikash S/o Dharamsingh were arrested on 10.03.2025 and are in judicial custody since then. The Court below has dismissed the bail application on 21.03.2025. 3. Learned counsels for the applicants relying upon grounds raised in bail applications submit that the applicants are innocent and falsely implicated in the present case. Further submitted that the investigation relating to present applicants-accused is complete and are no more required by the Investigating Agency for investigation. They further assure that in case, the applicants-accused are required for further investigation, the applicants-accused will be available for such investigation. They also submitted that the trial will take its own time and no purpose will be served by keeping the applicants-accused in custody. 4. Learned counsels for the applicants submit that the injured has sustained only simple injuries and to implicate the applicants, a case under Section 109(1) of B.N.S. was [2025:RJ-JP:23083] (3 of 4) [CRLMB-5263/2025] registered. They further submit that no opinion about injury is available on record. They further submit that recovery has already been affected. 5. Aforesaid contentions were opposed by learned Public Prosecutor and the learned counsel for the complainant. 6. Heard learned counsels for the applicants-accused, learned Public Prosecutor and the learned learned counsel for the complainant. Perused the material placed on record by both the parties. 7. On the basis of report, Police has investigated the matter and during investigation, injured Nehru and Raghuraj were examined by the Medical Jurist. A copy of the report is placed by the learned Public Prosecutor indicates that there were nineteen injuries on body of injured Nehru. After x-ray, injury No.1, 2, 4, 5, 6 and 7 were found as simple. Another injured-Raghuraj was also examined by the Medical Jurist and three injuries were reported and after x-ray, all were found simple in nature. As per prosecution, one other case was registered against the applicants-accused Bunty and Vikash and there is no case against the Khushiram and Suraj. 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 Bunty S/o Khiladi, Khushiram S/o Ramkhiladi, Suraj S/o Khiladi and Vikash S/o Dharamsingh. 8. Thus, the instant bail applications filed on behalf of applicants-accused Bunty S/o Khiladi, Khushiram S/o [2025:RJ-JP:23083] (4 of 4) [CRLMB-5263/2025] Ramkhiladi, Suraj S/o Khiladi and Vikash S/o Dharamsingh, are hereby allowed and the applicants-accused Bunty S/o Khiladi, Khushiram S/o Ramkhiladi, Suraj S/o Khiladi and Vikash S/o Dharamsingh, is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court by each of the accused with the following conditions:- (i) The applicant(s)-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant(s)-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant(s)-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 applicant(s)-accused shall be liable to be cancelled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J Manish/127-128