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2025 DAILYLAW 24622 (RAJ)

MOHAN SINGH S/O TUTURAM v. STATE OF RAJASTHAN

CRLMB/8755/2024 · 2025-02-12

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:6415] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8755/2024 1. Mohan Singh S/o Tuturam, Aged About 55 Years, R/o Opposite Amba Cinema, Harijan Basti, Bayana, District Bharatpur (Raj.). 2. Kamal Singh S/o Mohan Singh, Aged About 30 Years, R/o Opposite Amba Cinema, Harijan Basti, Bayana, District Bharatpur (Raj.). 3. Baldev S/o Balveer, Aged About 28 Years, R/o Opposite Amba Cinema, Harijan Basti, Bayana, District Bharatpur (Raj.). 4. Aakash S/o Vijjo, Aged About 26 Years, R/o Opposite Amba Cinema, Harijan Basti, Bayana, District Bharatpur (Raj.). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sunil Kumar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/02/2025 1. The instant pre-arrest bail application has been filed under Section 482 B.N.S.S. filed on behalf of the petitioners, who are having apprehension of arrest in FIR No.913/2023 registered at Police Station Bayana, District Bharatpur for the offences under Sections 143, 323 & 341 of IPC. During investigation, offences under Sections 143, 323, 308 & 341 of IPC have been found proved against the petitioners. [2025:RJ-JP:6415] (2 of 3) [CRLMB-8755/2024] 2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Learned counsel submits that cross cases have been registered between the parties. It is submitted that except one grievous injury on the elbow of injured Sitaram, all the injuries are simple in nature. Aforesaid elbow injury has been opined grievous in nature. It is submitted that none of the injuries has been opined as dangerous to life. Custodial interrogation of the petitioners is not required in this matter. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. 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 the counsel for the petitioners as also considering the nature of injury and role attributed to the petitioners and the fact that cross cases have been registered between the parties; offence under Section 307 of IPC has been found proved against the complainant party, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the pre-arrest bail application. 6. The anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Bayana, District Bharatpur in FIR No. 913/2023 is directed that in the event of arrest of the petitioners (1) Mohan Singh S/o Tuturam, (2) Kamal Singh S/o Mohan Singh, (3) Baldev S/o Balveer, (4) Aakash S/o Vijjo, they shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.50,000/- with [2025:RJ-JP:6415] (3 of 3) [CRLMB-8755/2024] two sureties in the sum of Rs. 25,000/- each to their satisfaction on the following conditions:- (i). that the petitioners shall make themselves available for interrogation by a police officer as and when required; (ii). that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii). that the petitioners shall not leave India without previous permission of the court. (ANIL KUMAR UPMAN), J CHARU SONI /243