BHARAT RAJ S/O LATE BABU LAL v. THE STATE OF RAJASTHAN
CRLMB/6879/2025 · 2025-07-28
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20158 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20158 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:28424] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6879/2025 Bharat Raj S/o Late Babu Lal, Aged 19 Year 10 Months, R/o Gurjaro Ka Mohalla, Teerath, Police Station K. Patan, District Bundi Rajasthan. (At Present Confined In Central Jail, Bundi). ----Accused-Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjay Gangwar, Adv., with Mr. Saddik Khan, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 28/07/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.16/2025 registered at Police Station Kapren, District Bundi for the offences punishable under Sections 126(2), 115(2), 189(3), 333 and 110 of BNS, 2023. After completion of investigation, police filed charge-sheet in this matter.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that the alleged incident took place in the spur of moment. He argues that other co-accused persons have already been granted benefit of bail by a co-ordinate Bench of this Court. It is also contended that though injury sustained to
[2025:RJ-JP:28424] (2 of 3) [CRLMB-6879/2025] injured has been opined as dangerous to life, but there is no allegation against the petitioner that he repeated the blows with the weapon of offence on the person of the injured. The injured Chotu Lal has sustained only one injury on the head. He contends that the petitioner is in custody since 21.03.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner and submits that injury assigned to the petitioner has been opined as dangerous to life. Apart from this, petitioner is a habitual offender as five other cases have been registered against him. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially the fact that other co-accused persons have been granted benefit of bail by a co-ordinate Bench of this Court; there is no allegation of repetition of blows with the weapon of offence on the person of the injured against the petitioner; charge-sheet has been filed and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner – Bharat Raj S/o Late Babu Lal 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
[2025:RJ-JP:28424] (3 of 3) [CRLMB-6879/2025] 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. 7.
7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first and third week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to him by this Court. 10. Office is directed to send copy of this order to the concerned SHO for necessary compliance. 11. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/159