[2025:RJ-JP:28628] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6366/2025 1. Shabbir S/o Subba, Aged About 42 Years, 2. Nisar @ Misso S/o Subba, Aged About 26 Years, Both are R/o Village Chinawada, Police Station Gopalgarh, District Deeg (Raj.) (Accused Petitioner Is At Present Confined In Sub Jail Deeg.) ----Accused/Applicants Versus State of Rajasthan, Through Its Public Prosecutor ----Respondent For Applicants : Mr. Mohd. Umar Farooq, Adv. For Respondent : Mr. Vivek Sharma, Addl.G.A. Mr. Ankit Khandelwal, Adv. (for the complainant) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 29/07/2025 1. The present bail application has been filed by the accused- applicants under Section 483 of the B.N.S.S., 2023 against the order dated 05.05.2025 passed by learned Additional Sessions Judge Kaman, District Bharatpur in Bail Application No.526/2025 arising out of FIR No.4/2024, registered at Police Station Gopalgarh, District Deeg for the offences punishable under Sections 143, 323, 341, 379 and 354 of IPC by which the bail application of the accused-applicants under Section 483 of B.N.S.S., 2023 has been dismissed. 2. Learned counsel submits that accused-applicants have been falsely implicated in this case. Learned counsel argues that in this [2025:RJ-JP:28628] (2 of 3) [CRLMB-6366/2025] matter, the incident occurred out of sudden scuffle between the parties, in which both the parties have exchanged fight and family members of both the parties have suffered injuries and there was no intention to commit murder. Learned counsel also argues that the accused-applicants also registered a cross FIR No.5/2024 at Police Station Gopalgarh, District Deeg against the injured persons. Learned counsel also argues that in the cross case also, the present accused-applicants Shabbir and Nisar along with Subba have also received simple and grievous injuries by sharp and blunt weapons. 3. Learned counsel for the accused-applicants contends that as per the impugned FIR, the incident occurred on 05.01.2024 and the present accused-applicants were arrested on 27.04.2025 and since then they are behind the bars and trial will take long time to conclude, therefore, the accused-applicants be enlarged on bail. 4. Per contra, learned Additional Government along with learned counsel appearing on behalf of the complainants vehemently oppose the bail application and submit that allegation of causing sharp and grievous injuries on the head of injured- Mausam, is on the present accused-applicant-Shabbir and the injury has been found to be dangerous to life, therefore, the accused-applicant should not be enlarged on bail. 5. Heard learned counsel for the parties and perused the case diary. 6. As per the prosecution case, the dispute in question relates to a tree and the alleged incident occurred out of sudden scuffle and a cross FIR has also been registered between the parties and [2025:RJ-JP:28628] (3 of 3) [CRLMB-6366/2025] family members of both the parties have received simple and grievous injuries by sharp and blunt weapons. 7. Considering the over all facts and circumstances of the case; looking to the period of custody of the accused-applicants; that the charge-sheet has been filed and trial will take long time to conclude, this court deems it just and proper to enlarge the accused-applicants on bail. 8. Consequently, this bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused- applicants namely (1) Shabbir S/o Subba & (2) Nisar @ Misso S/o Subba, arrested in connection with FIR No.4/2024, registered at Police Station Gopalgarh, District Deeg shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.50,000/- and two solvent attested sureties of Rs.25,000/- each to the satisfaction of the trial Court. Applicants 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 /135