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2025 DAILYLAW 19408 (RAJ)

ANEES S/O SULTAN v. STATE OF RAJASTHAN

CRLMB/6582/2025 · 2025-08-07

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:30373] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6582/2025 Anees S/o Sultan, Aged About 33 Years, R/o Khalluka, Police Station Pahari, District Deeg, Rajasthan. (At Present Confined In Sub Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjay Khan, Adv. For Respondent(s) : Mr. Manvendra Singh, PP with Mr. Shubham Kumar Sain, AAAG HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/08/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.365/2024, registered at Police Station Pahari, District Deeg, for the offence(s) under Sections 189(2), 115(2), 126(2), 333 and 125 of BNS. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that the other similarly placed co-accused namely- Mormal, Ami Kha and Nasru have been enlarged on bail by this Court vide order dated 27.02.2025. It is further contended that the prima facie offence under Section 115(2) is not made against the petitioner as the injury caused on the skull of the petitioner was not dangerous to life rather was found to be simple blunt in nature and the other grievous injuries caused to the injured are at knee, shoulder and [2025:RJ-JP:30373] (2 of 3) [CRLMB-6582/2025] on the limb. The accused-petitioner is in custody since 03.05.2025 and the supplementary charge-sheet against the petitioner has already been produced and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the specific attribution of causing injuries to the injured Roshan is against the present petitioner. The petitioner along with the other co-accused caused several injuries to injured Roshan, which resulted in fracture on the limb, left knee and left shoulder. The injuries are not opined to be dangerous to life, however, the injuries caused on the knee, shoulder and limb were found to be grievous in nature. It is argued that the petitioner was involved in two other cases, therefore, considering the nature of offence and criminal antecedents of the petitioner, the bail application of the accused- petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case. Considering the nature of injuries caused by the petitioner and the fact that no specific injuries were found to be dangerous to life, this Court deems it proper to enlarge the accused- petitioner on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused petitioner- Anees S/o Sultan, in connection with FIR No.365/2024, registered at Police Station Pahari, District Deeg, shall be enlarged on bail provided he furnishes a personal bond in the sum of [2025:RJ-JP:30373] (3 of 3) [CRLMB-6582/2025] Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. 7. The accused-petitioner is also directed to mark his presence on 25th of every month before the concerned Police Station till conclusion of the trial. The SHO of the concerned Police Station is directed to maintain a regular register marking the presence of the accused petitioner and shall send the presence report of the accused petitioner to the concerned trial Court every month without any delay. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-5