Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 200/2025
1. Ramchandra S/o Birdhilal, Aged About 52 Years, R/o Bichhalash, Police Station Mothpur, Tehsil Atru, District Baran (Raj.) (Petitioner Is Presently Confined In Sub Jail Atru).
2. Devendra S/o Chouthmal, Aged About 29 Years, R/o Bichhalash, Police Station Mothpur, Tehsil Atru, District Baran (Raj.) (Petitioner Is Presently Confined In Sub Jail Atru). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Bhim Singh Meena For Respondent(s) : Mr. N. S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 09/01/2025
1. Petitioners have filed this second bail application under Section 483 of BNSS.
2. F.I.R. No. 0149/2024 was registered against the petitioners at Police Station Mothpur, District Baran for the offences punishable under Sections 115(2), 126(2), 109(1), 352 & 190 of BNS. Later on, the police filed the charge-sheet in this matter for the offences under Sections 115(2), 126(2), 109(1), 352, 118(2) & 3(5) of BNS.
3. First bail application of the petitioners was dismissed as withdrawn with liberty to renew the prayer of bail after filing result of investigation. Now, charge-sheet has been filed. Thus, this
(2 of 3) [CRLMB-200/2025] second bail application has been preferred.
4. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel further submits that according to the charge-sheet, none of the injury sustained to the injured persons has been opined as dangerous to life and except one grievous injury, all other injuries are simple in nature. Co-accused Pappu Lal and Lokesh have been granted bail. Petitioners are in custody since 06.11.2024. Charge-sheet has been filed and trial will take considerable time. Further custody of the petitioners would not serve any fruitful purpose.
5. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners.
6. I have considered the contentions.
7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially the fact that the petitioner is in custody since 06.11.2024 and trial will take time in its conclusion but without commenting anything on merits and demerits of the case, I deem it proper to allow the bail application.
8. This second bail application is accordingly allowed and it is
directed that accused-petitioners- Ramchandra S/o Birdhilal & Devendra S/o Chouthmal shall be released on bail provided each of them 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 they
(3 of 3) [CRLMB-200/2025] 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.
9. The observation made hereinabove is 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 ANAND TANWAR /162(S)