Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:21804] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 6684/2025 Pappu S/o Jhaau, Aged About 67 Years, R/o Jhiwana, Police Station Chaupanki, District Khairthal-Tijara, (At Present Confined In Sub Jail Kishangarhbas (Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mahendra Kumar Naharwal with Ms. Indra Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 23/05/2025
1. This second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.303/2024 registered at Police Station Chaupanki, District Bhiwadi for the offences punishable under Sections 115(2), 126(2) & 189(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023.
2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by this court vide order dated 11.03.2025 while giving liberty to the petitioner to renew the prayer for bail after submission of result of investigation. Now, charge-sheet has been filed in this matter for the offences punishable under Sections 109(1), 118(2), 115(2), 126(2) & 189(2) of BNS, 2023 thus, this second bail application has been preferred.
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3.
Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. It is submitted that it is a case of single injury. It is submitted that initially, injury sustained to injured has been opined as grievous in nature after considering the x-ray report but later on, on the basis of CT scan report, it was opined by medical expert that said injury can be dangerous to life. It is contended that trial will take considerable time in its conclusion. Counsel submits that petitioner is aged about 67 years and he is in custody since 26.01.2025 and further custody of the petitioner would not serve any fruitful purpose.
4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner.
5. I have considered the contentions.
6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner; material made available on record in the form of charge-sheet, as also considering the fact that different opinions have been expressed by the medical expert on two different occasions and also the fact that petitioner is in custody since 26.01.2025 but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this second bail application.
7. The second bail application is accordingly allowed and it is
directed that accused-petitioner Pappu S/o Jhaau, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that
[2025:RJ-JP:21804] (3 of 3) [CRLMB-6684/2025] he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
(ANIL KUMAR UPMAN),J CHARU SONI /42