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2025 DAILYLAW 22958 (RAJ)

VARISH S/O ATTU KHAN v. STATE OF RAJASTHAN

CRLMB/8367/2025 · 2025-08-05

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:30098] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8367/2025 Varish S/o Attu Khan, R/o Mahadev Ka Kuwa, Behind Shivam Dharm Kanta, Tuleda Road, Alwar, Police Station N.e.b District Alwar (Presently Confined In District Jail, Alwar) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta with Mr. Rahul Sharma and Ms. Chanchal For Respondent(s) : Mr. Navankur Dubey Ms. Manju Dave, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 05/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Varish S/o Attu Khan in FIR No.162/2022 dated 23.02.2022 registered at P.S. NEB District - Alwar, whereby the applicant-accused has charged under Sections 147, 149, 323, 341, 352, 325 and 308 IPC. 2. The applicant Varish S/o Attu Khan was arrested and he is in judicial custody since then. 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. He further submits that initially, a charge-sheet has been filed against Attu Khan and investigation is kept pending against present applicant, but all of sudden, present applicant was [2025:RJ-JP:30098] (2 of 3) [CRLMB-8367/2025] framed and arrest by police. He further submits that all injuries were caused by blunt weapon and there is no specific opinion of any Medical Jurist about the injuries to show that any of the injury is dangerous to life. He also submits that the cross-case has already been registered and main accused has already been released on bail. Further he submits that the investigation relating to present applicant- accused is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused is 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 applicant-accused in custody. 4. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record including report received from PS N.E.B., District Alwar. 6. Co-accused Attu Khan was released on bail in pursuant to order dated 18.04.2022 by a Coordinate Bench of this Court. A Coordinate Bench has considered case of free fight, wherein both the parties sustained injuries and cross-cases were registered by both the parties against each other. 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, [2025:RJ-JP:30098] (3 of 3) [CRLMB-8367/2025] 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 applicant- accused Varish S/o Attu Khan. 8. Thus, the instant bail application filed on behalf of applicant- accused Varish S/o Attu Khan, is hereby allowed and the applicant-accused Varish S/o Attu Khan, is 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 cancelled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J GAURAV /183