Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 20035 (RAJ)

DILKHUSH @ DILLU S/O SHANKAR v. STATE OF RAJASTHAN

CRLMB/7018/2025 · 2025-05-30

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:22832] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 3rd Bail Application No. 7018/2025 Dilkhush @ Dillu S/o Shankar, Aged About 24 Years, R/o Phariya, Police Station Khandar, District Sawai Madhopur (Rajasthan) 322001 (At Present In District Jail, Sawaimadhopur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Yash Sharma For Respondent(s) : Mr. Tapesh Agarwal, PP Mr. Hari Ram Gurjar, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/05/2025 1. This third bail application under Section 483 of BNSS has been filed, on behalf of the petitioner, who has been arrested in connection with FIR No.297/2024 registered at Police Station Khandar, District Sawai Madhopur for the offences punishable under Sections 115(2), 126(2), 189(2), 333, 351(2) & 352 of BNS. Later on, police filed charge-sheet for the offences punishable under Sections 115(2), 118(2), 190, 109(1), 191(2), 191(3), 126(2), 333, 351(2) & 352 of BNS. 2. Previous bail application of the petitioner was dismissed as withdrawn with liberty to renew the prayer of bail after recording testimony of injured and medical expert who prepared MLC. Both witnesses have been examined during the course of trial. Thus, this third bail application has been preferred. [2025:RJ-JP:22832] (2 of 3) [CRLMB-7018/2025] 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that as per testimony of the doctor, injury caused by petitioner has been opined as simple in nature and injury on the face of injured has been opined as grievous in nature and same has been attributed to co-accused Ramlakhan @ Lakhan. It is contended that petitioner has no criminal antecedents and he is in custody since 26.11.2024. Further custody of the petitioner would not serve any fruitful purpose. Charge-sheet has been filed and trial will take time in its conclusion. 4. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by learned counsel for the petitioner. 5. Learned counsel for the complainant submits that petitioner has actively participated in commission of crime and he was in possession of sharp edged weapon. 6. I have considered the contentions. 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, as also considering the fact that injury assigned to the petitioner has been opined as simple in nature; petitioner has no criminal antecedents; he is in custody since 26.11.2024; charge- sheet has been filed and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the third bail application. 8. This third bail application is accordingly allowed and it is directed that accused-petitioner - Dilkhush @ Dillu S/o [2025:RJ-JP:22832] (3 of 3) [CRLMB-7018/2025] Shankar, 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 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 /51