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2025 DAILYLAW 21128 (RAJ)

DINESH KUMAR S/O KARULAL v. STATE OF RAJASTHAN

CRLMB/7331/2025 · 2025-08-07

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:30583] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7331/2025 Dinesh Kumar S/o Karulal, Aged About 38 Years, R/o Chachhlav, Police Station Sunel, District Jhalawar (Rajasthan) (At Present Confined In Sub Jail Bhawanimandi, District Jhalawar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ajay Singh Yaduvanshi For Respondent(s) : Mr. Manvendra Singh, PP Mr. Rohit Khandelwal HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/08/2025 The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 91/2025 registered at Police Station Sunel, District Jhalawar for the offence(s) under Section 126(2), 115(2), 110 and 352 of BNS. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is argued that the offence under Section 110 of the BNS is not made out against the petitioner. The injury sustained to injured Balmukund, were neither on vital parts nor dangerous to life. As per the medical jurist injury sustained to injured at left elbow was found to be grievous in nature and other injuries are at thigh and chin. There was no murderous intention of the accused-petitioner and the [2025:RJ-JP:30583] (2 of 3) [CRLMB-7331/2025] injuries were not sufficient to cause death. The petitioner and the injured are cousin brothers and the incident occurred without any premeditation suddenly. The accused petitioner is in custody since 18.05.2025 and the trial of the case will take considerable time. There are no criminal antecedents against the petitioner and charge-sheet has already been submitted before the concerned court, therefore, the benefit of bail may be granted to the accused-petitioner. Learned Public Prosecutor and learned counsel for the complainant opposed the grant of bail application and contended that petitioner caused three injuries with the aid of knife to the injured and injured sustained one grievous injury at his elbow, the act of the petitioner comes within the purview of Section 110 of BNS, therefore, considering the above facts, the bail application of the petitioner deserves dismissal. Heard and perused the material available on the record. Considering the nature of injuries caused to injured and the fact that there are no criminal antecedents against the petitioner and charge-sheet has already been submitted before the concerned court. The accused petitioner is in custody since 18.05.2025 and the trial of the case will take considerable time without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Dinesh Kumar S/o Karulal, in connection with FIR No.91/2025 registered at Police Station Sunel, District Jhalawar shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- [2025:RJ-JP:30583] (3 of 3) [CRLMB-7331/2025] with two sureties of Rs.25,000/- to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /133