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2025 DAILYLAW 2629 (RAJ)

BRIJRAJ SINGH S/O BHAGWAN SINGH RAJPUT v. STATE OF RAJASTHAN

CRLMB/259/2025 · 2025-01-20

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:2603] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail Application No. 259/2025 1. Brijraj Singh S/o Bhagwan Singh Rajput, Aged About 64 Years, R/o Bada Pichanaut, P.s. Nadauti, District Gangapurcity (Raj.) (At Present Confined In Sub Jail Hindaun City). 2. Gajendra Singh S/o Kishan Singh Rajput, Aged About 54 Years, R/o Bada Pichanaut, P.s. Nadauti, District Gangapurcity (Raj.) (At Present Confined In Sub Jail Hindaun City). 3. Fatehsingh S/o Kansingh Rajput, Aged About 59 Years, R/o Bada Pichanaut, P.s. Nadauti, District Gangapurcity (Raj.) (At Present Confined In Sub Jail Hindaun City). ----Petitioners Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vishnu Sharma Mr. Tribhuvan Singh, Adv. For Respondent(s) : Mr. N.S. Dhakad, PP Mr. Nagendra Singh for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/01/2025 1. The instant bail application has been filed under Section 483 of BNSS., on behalf of the petitioners, who have been arrested in connection with FIR No.169/2024 registered at Police Station Nadauti, District Gangapurcity for the offences punishable under Sections 143, 323, 341 & 452 of IPC. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that cross cases have been registered [2025:RJ-JP:2603] (2 of 3) [CRLMB-259/2025] between the parties and the members of the complainant party were the aggressors. He submits that there is no allegation of causing lifethreatening injury against the petitioners who are old aged. It is evident from the record that although allegation of causing lifethreatening injury by a sharp weapon has been levelled against other co-accused persons but according to the medical report, all the injuries were caused/inflicted by blunt object. Petitioners are in custody since 16.12.2024 and there are no criminal antecedents against them. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by counsel for the complainant vehemently opposes the submissions made by learned counsel for the petitioners. They submit that the petitioners are named in the F.I.R. and they also actively participated in the commission of crime. 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 both the parties, especially the fact that cross cases have been registered between the parties, as per the F.I.R., prima facie, no allegation has been levelled against the petitioners of causing lifethreatening injury on the persons of the injured; age of the petitioners; absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. The observations made hereinabove is only for decision of the instant [2025:RJ-JP:2603] (3 of 3) [CRLMB-259/2025] bail application and would not have any impact on the trial of the case in any manner. 6. This bail application is accordingly allowed and it is directed that accused-petitioners - Brijraj Singh S/o Bhagwan Singh Rajput, Gajendra Singh S/o Kishan Singh Rajput & Fatehsingh S/o Kansingh Rajput shall be released on bail provided each of them shall furnish 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 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. (ANIL KUMAR UPMAN),J DIVYA SAINI /267