[2025:RJ-JP:35150] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6821/2025 Gajraj S/o Chhaganlal, R/o Kolana, Police Station Baswa, District Dausa. (At Present Petitioner Confined At Sub Jail Bandikui). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Arvind Sharma For Respondent(s) : Mr. D.S. Bagadia Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 01/09/2025 1. Instant application for bail is filed under Section 483 of BNSS by the applicant-accused Gajraj S/o Chhaganlal in FIR No. 55/2025 dated 10.03.2025 registered at P.S. Baswa District - Dausa, whereby the applicant-accused was charged under Sections 189(2), 126(2), 115(2), 351(2) of BNS. 2. The applicant was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. He further assures that in case, the applicant-accused is required the applicant-accused will be available. He also submits that the trial will take its own time and no purpose will be served by keeping the applicant-accused in custody. [2025:RJ-JP:35150] (2 of 4) [CRLMB-6821/2025] 4. Learned counsel for petitioner submitted that for incident of 08.03.2025, report is registered on 10.03.2025 without explaining the reasons of delay. He further submitted that the material on record clearly indicated that there was previous animosity between complainant and accused petitioner. He further submitted that son of injured has committed murder of father of present petitioner and on the charge of murder, son of injured is in custody. He further referred the statement of witnesses recorded by police under Section 180 of BNSS and submitted that only because of animosity, present petitioner was named by injured, who is in custody since his arrest on 04.05.2025 and charge-sheet has already been filed. He further referred injury report and opinion of doctor and submitted that except one injury, all injuries are simple in nature and grievous injury is on skull and not dangerous to life. 5. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned counsel for complainant has submitted discharge ticket and CT Scan report of SMS hospital and submitted that there were multiple fractures on left parieto temporal region of injured and she remained in hospital for more than 7 days. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. 7. On the basis of report dated 10.03.2025 for incident of 08.03.2025, a criminal case is registered wherein allegation is upon present petitioner for assault with sharp edged weapon (axe). After investigation, police has filed charge- [2025:RJ-JP:35150] (3 of 4) [CRLMB-6821/2025] sheet and present petitioner is in custody since 04.05.2025. The evidence on record suggest previous animosity between the parties due to murder of father of present petitioner by son of injured. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. 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 applicant- accused. 9. Thus, the instant bail application filed on behalf of applicant- accused Gajraj S/o Chhaganlal, is hereby allowed and the applicant-accused 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 with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-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. [2025:RJ-JP:35150] (4 of 4) [CRLMB-6821/2025] (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /65