[2025:RJ-JP:8771] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 96/2025 1. Mormal S/o Mehrab @ Bacchu, Aged About 56 Years, R/o Khalluka, Police Station Pahari, District Deeg, Rajasthan. 2. Ami Kha S/o Banni, Aged About 58 Years, R/o Khalluka, Police Station Pahari, District Deeg, Rajasthan. 3. Nasru S/o Chaav Kha, Aged About 55 Years, R/o Khalluka, Police Station Pahari, District Deeg, Rajasthan. (At Present The Petitioner are Confined In Sub Jail Deeg). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sanjay Khan For Respondent(s) : Mr. Shree Ram Dhakar, PP Mr. Hemendra Goyal HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 27/02/2025 The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No. 365/2024 registered at Police Station Pahari, District Deeg for the offence(s) under Sections 189(2), 115(2), 126(2), 333 and 125 of BNS. Learned counsel for the petitioners submits that the accused- petitioners have falsely been implicated in this case. Counsel further submits that case under Section 115(2) is not made out against the petitioners, the injuries sustained to Roshan and Momeen are not dangerous to life. In the FIR 16 persons have been named and police has charge-sheeted seven accused [2025:RJ-JP:8771] (2 of 3) [CRLMB-96/2025] persons and against four persons investigation was kept pending. The criminal antecedents shown against the petitioners are old one. Accused-petitioners are in custody since 10.12.2024 and the trial of the case will take considerable time, charge-sheet against the accused-petitioners has already been produced before the concerned court. Therefore, the benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor and learned counsel for the complainant opposed the bail application and contended that injured Roshan sustained three grievous injuries, fracture in shoulder and fracture in tibia bone similarly, injured Momeen also sustained fracture in his thumb. In their statements witnesses have clearly stated that petitioners alongwith other co-accused assaulted the injured with the aid of stick, therefore considering the nature of injuries sustained to injured and act of the petitioners, the bail application of petitioners deserves to be dismissed. Heard and perused the material available on the record. Considering the arguments advanced by the counsel for the parties and looking to the fact that injuries sustained to injured Roshan and Momeen are not found to be dangerous to life. The accused-petitioners are in custody since 10.12.2024, trial of the case will take considerable time and charge-sheet against the accused-petitioners has already been produced before the concerned court. Apart from the petitioners other co-accused have also been shown as participants to the assault, the allegations against the petitioners are not specific rather omnibus in nature, [2025:RJ-JP:8771] (3 of 3) [CRLMB-96/2025] 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-petitioners 1. Mormal S/o Mehrab @ Bacchu, 2. Ami Kha S/o Banni, 3. Nasru S/o Chaav Kha, in connection with FIR No. 365/2024 registered at Police Station Pahari, District Deeg shall be enlarged on bail provided each of them furnish personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /22