PAWAN BHALTIYA S/O SHRI MAHENDRA SINGH v. STATE OF RAJASTHAN
CRLMB/8416/2025 · 2025-08-01
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23143 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23143 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:29581] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8416/2025 Pawan Bhaltiya S/o Shri Mahendra Singh, Aged About 30 Years, R/o Village Sylu Khurd, Police Station Surajgarh, District Jhunjhunu, At Present Lodged In The District Jail, Jhunjhunu. ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ashvin Garg For Respondent(s) For Complainant(s) : : Mr. N.S Dhakar, PP Mr. Tapesh Agarwal, PP Mr. Rajesh Gadwal HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 01/08/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.123/2025 registered at Police Station Suraj Garh, District Jhunjhunu for the offences punishable under Sections 189(2), 115(2), 126(2), 332(c) 351(2) and 103(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under sections 115(2), 103(1), 191(2), 191(3) and 190 of BNS, 2023.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that alleged incident took place on account of property dispute. It is submitted that cross cases have been registered
[2025:RJ-JP:29581] (2 of 3) [CRLMB-8416/2025] between the parties. Counsel submits that no specific allegation has been levelled against the petitioner and allegation of causing fatal injury on the person of the deceased has been attributed to co-accused namely- Dataram. Counsel submits that initially, only one fatal injury on the head of the deceased and bleeding on ear was noted by the medical expert. According to the postmortem report, one injury has been found on the head of the deceased and four superficial injuries were also found on her person. It is submitted that trial will take considerable time in its conclusion. Counsel contends that petitioner is in custody since 15.05.2025 and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by
learned counsel for the petitioner.
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 petitioners, especially considering the material available on record in the form of charge-sheet, as also considering the fact that allegation of causing fatal injury on the person of the deceased has been attributed to co-accused namely- Dataram and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
[2025:RJ-JP:29581] (3 of 3) [CRLMB-8416/2025]
6. This bail application is accordingly allowed and it is directed that accused-petitioner– Pawan Bhaltiya S/o Shri Mahendra Singh, shall be released on bail provided, he 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 he 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.
7. The observations made hereinabove are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J DIKSHA MISHRA /248