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2025 DAILYLAW 21330 (RAJ)

MOHAN S/O RAMJU v. STATE OF RAJASTHAN

CRLMB/7436/2025 · 2025-08-11

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:31203] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7436/2025 Mohan S/o Ramju, Aged About 40 Years, R/o Village Dabich, Police Station Khandar, District Sawai Madhopur (Rajasthan) (At Present Confined In District Jail, Sawai Madhopur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Ms. Swati Sharma for Mr. Girish Khandelwal For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Mohan S/o Ramju, in FIR No. 117/2025 dated 06.05.2025 registered at P.S. Khandar, District Sawai Madhopur whereby the applicant-accused has charged under Sections 115(2), 126(2), 3(5) 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. She further submitted that injuries sustained by injured is simple in nature and same were not found as dangerous to life. She further submitted that complainant has himself admitted animosity and overimplication of accused in the matter [2025:RJ-JP:31203] (2 of 3) [CRLMB-7436/2025] cannot be ruled out. She further referred details of pending cases and submitted that this petitioner accused has acquitted in three out of four cases and in one case he was released on probation and period of probation is over. She also submitted that this petitioner accused is in custody since 14.05.2025 and charge-sheet has been filed. 4. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted report received from P.S. Khandar, District Sawai Madhopur. 5. Heard learned counsel for the applicant-accused, learned Public Prosecutor. Perused the material placed on record. 6. On the basis of Parchabayaan of Dhara Singh dated 06.05.2025 about incident of evening of 05.05.2025 report was registered and during investigation injured was medically examined and opinion about the injuries were sought. The injuries were found as simple in nature. The investigation is concluded and charge-sheet has been filed. The petitioner accused Mohan Gurjar is in custody since 14.05.2025. Out of four cases,+ the petitioner accused was released on probation in case no. 76/2006 whereas he is acquitted in case no. 181/2006, 210/2012 and 36/2014. 7. 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, [2025:RJ-JP:31203] (3 of 3) [CRLMB-7436/2025] the Court deems it appropriate to grant bail to the applicant- accused 8. Thus, the instant bail application filed on behalf of applicants-accused Mohan S/o Ramju, is hereby allowed and 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. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /172