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2025 DAILYLAW 2130 (RAJ)

KANARAM S/O RAMLAL BAVARIA v. STATE OF RAJASTHAN

CRLMB/12/2025 · 2025-02-19

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:7411] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12/2025 1. Kanaram S/o Ramlal Bavaria, Aged About 35 Years, R/o Aama Ki Dhani, Tan Gaiji, Police Station Dudu District Dudu. At Present Lodged In The Sub Jail, Sambhar Lake, Jaipur. 2. Mukesh S/o Ramlal Bavaria, Aged About 23 Years, R/o Aama Ki Dhani, Tan Gaiji, Police Station Dudu District Dudu. At Present Lodged In The Sub Jail, Sambhar Lake, Jaipur. ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ashvin Garg For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Rohit Khandelwal, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/02/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.236/2024 registered at Police Station Dudu, District Dudu for the offences under Sections 103(1), 115(2), 126(2), 191(2), 191(3) & 190 of BNS. Charge-sheet has been filed for offences punishable under Sections 103(1), 115(2), 126(2), 117(2) & 324(4) of BNS. 2. It is contended by learned counsel for the petitioner that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that cross cases have been registered [2025:RJ-JP:7411] (2 of 3) [CRLMB-12/2025] between the parties and both sides have sustained injuries. It is submitted that as per charge-sheet, allegation of causing fatal injury is against co-accused Ramesh Bavaria who caused injury on the head of deceased. Learned counsel contends that omnibus allegations have been levelled against the petitioners and admittedly, place of incident is home of the petitioners. It is contended that petitioners are in custody since 20.09.2024. Charge-sheet has been filed and trial will take time in its conclusion. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by the learned counsel for the petitioners. Learned counsel for the complainant submits that it is a case where provisions of Section 149 IPC are fairly attracted. 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, as also considering the material available on record in the form of charge-sheet; findings of investigation officer according to which co-accused Ramesh Bavaria is responsible for the death of deceased Hardev as well as looking to the custody period, 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-petitioners – (1) Kanaram S/o Ramlal Bavaria, (2) Mukesh S/o Ramlal Bavaria, shall be released on bail [2025:RJ-JP:7411] (3 of 3) [CRLMB-12/2025] provided each of them 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 they 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 /98