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[2025:RJ-JP:33215] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8296/2025
1. Subhash S/o Bhanwar Lal, R/o Meeno Ki Dhani, Tan Basdi Khurd, Police Station Renwal, District Jaipur (Raj.) (At Present In Sub Jail Sambhar Lake, Jaipur).
2. Baldev Kumar S/o Bhanwar Lal, Aged About 36 Years, R/o Meeno Ki Dhani, Tan Basdi Khurd, Police Station Renwal, District Jaipur (Raj.) (At Present In Sub Jail Sambhar Lake, Jaipur).
3. Rahul S/o Sardar Singh, Aged About 22 Years, R/o Meeno Ki Dhani, Tan Basdi Khurd, Police Station Renwal, District Jaipur (Raj.) (At Present In Sub Jail Sambhar Lake, Jaipur). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ravindra Singh Shekhawat For Respondent(s) : Ms. Arti Sharma, PP Mr. Tarun Jain HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 21/08/2025
1. This instant application for bail filed under Section 483 of BNSS by the applicants-accused Subhash S/o Bhanwar Lal, Baldev Kumar S/o Bhanwar Lal and Rahul S/o Sardar Singh in FIR No. 193/2025 dated 07.06.2025 registered at P.S. Renwal District -Jaipur Rural, whereby the applicant-accused was charged under Sections 191(2), 191(3), 190, 115(2) And 126(2) of BNS.
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2. The applicants were arrested and are in judicial custody since their arrest. The Court below has dismissed the bail application.
3.
Learned counsel for the applicants relying upon grounds raised in bail application submits that the applicants are innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicants-accused is complete and are no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused are required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicants-accused in custody.
4.
Learned counsel for petitioners submitted that FIR is registered against 18 persons but after investigation, police has found involvement of only 5persons and filed charge- sheet against them. He further submitted that a cross FIR No.192/2025 is also registered by them against complainant party and as an accused party have also sustained injuries. He also submitted that dispute has arisen because of land dispute and the complainant party was aggressor and it is a case of free fight. He further submitted that no specific attribution is made in the statement of witnesses particularly injured and the allegations are omnibus in nature. He further submitted that Phooli Devi, Manhori, Jeevan, Kaushalya, Shankarlal, Gyarsi have suffered simple and grievous injuries but none of the injuries is dangerous to life and the assault
[2025:RJ-JP:33215] (3 of 4) [CRLMB-8296/2025] is not intended to commit homicide. He further submitted that these petitioners have no criminal antecedents. 5. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned counsel for complainant submitted that Phooli Devi, Manohar, Kaushalya, Jeevan and Gyarsi have sustained one grievous injury whereas Shankarlal has sustained two grievous injuries and some of the injuries were on vital part of body. He further submitted that the injuries were caused with intention to commit an offence of homicide. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. 7. On the basis of report lodged by complainant on 07.06.2025 about incident of same day, matter is investigated and during investigation the injury report and X-ray report were prepared. Police has found that Phooli Devi, Manohari, Jeevan, Kaushalya, Gyarsi and Shankarlal have sustained grievous injuries. We have considered evidence on record along with treatment record. Police has filed charge-sheet. 8. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are 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, the Court deems it appropriate to grant bail to the applicants-accused. [2025:RJ-JP:33215] (4 of 4) [CRLMB-8296/2025]
9.
Thus, the instant bail application filed on behalf of applicants-accused Subhash S/o Bhanwar Lal, Baldev Kumar S/o Bhanwar Lal and Rahul S/o Sardar Singh is hereby allowed and the applicant-accused is ordered to be released on bail with condition that each of the petitioners would furnish 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 applicants-accused shall not tamper with
evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-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 applicants-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /106