Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 25435 (RAJ)

BALVEER SINGH S/O NIHAL SINGH v. STATE OF RAJASTHAN

CRLMB/9439/2025 · 2025-07-25

Anil Kumar Upman

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:27912] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 9439/2025 Balveer Singh S/o Nihal Singh, Resident Of Village Thodla, P.s. Salempur District Dausa At Present R/o Constable No. 144, Po- lice Station Gumanpura, Kota ( Presently Confined At Central Jail Kota) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kapil Gupta with Mr. Chitransh Saxena Ms. Anisha Yadav For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP Mr. Abhishek Bhardwaj HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 25/07/2025 1. The third bail application under Section 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.05/2025 registered at Police Station Gumanpura, District Kota City (Raj.) for the offences punishable under Sections 121(1), 109(1) & 132 of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter. 2. The first bail application preferred on behalf of the petitioner was dismissed as withdrawn vide order dated 07.03.2025 while giving liberty to renew the prayer for bail after filing of result of Investigation. Thereafter, second bail application was preferred on [2025:RJ-JP:27912] (2 of 3) [CRLMB-9439/2025] behalf of the petitioner which was also dismissed as withdrawn vide order dated 02.05.2025 while giving liberty to renew the prayer for bail after recording testimony of injured as well as doctor who prepared the MLC of the injured. Now, charge-sheet has been filed and aforesaid witnesses have also been examined during the course of trial thus, this third bail application has been preferred. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that injured as well as petitioner both are head constable and on account of some petty dispute, alleged incident took place. It is submitted that trial will take considerable time in its conclusion. Counsel contends that petitioner is in custody since 05.01.2025 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by learned counsel for the petitioner. It is submitted that injury caused on the head of the injured has been opined as dangerous to life therefore, bail should not be granted to the accused petitioner. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, material available on record in the form of charge-sheet including testimony of injured as well as doctor and trial will take considerable time in its conclusion, but without commenting [2025:RJ-JP:27912] (3 of 3) [CRLMB-9439/2025] anything on the merits/demerits of the case, I deem it proper to allow the third bail application. 7. This third bail application is accordingly allowed and it is directed that accused-petitioner Balveer Singh S/o Nihal 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. 8. 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 GAUTAM JAIN /39