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2025 DAILYLAW 26653 (RAJ)

SOHANBAI W/O GANESHLAL v. STATE OF RAJASTHAN

CRLMB/9880/2025 · 2025-08-18

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:32380] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9880/2025 1. Sohanbai W/o Ganeshlal, Aged About 50 Years, R/o Kalyanpura Police Station Dug Distt. Jhalawar (Raj.) (Petitioner Is In Sub Jail Bhawanimandi). 2. Dhapubai W/o Rameshchand, Aged About 35 Years, R/o Kalyanpura Police Station Dug Distt. Jhalawar (Raj.) (Petitioner Is In Sub Jail Bhawanimandi). 3. Gajrabai W/o Dineshlal, Aged About 30 Years, R/o Kalyanpura Police Station Dug Distt. Jhalawar (Raj.) (Petitioner Is In Sub Jail Bhawanimandi). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10251/2025 1. Dineshlal S/o Ganeshlal, Aged About 36 Years, R/o Kalyanpura Police Station Dug District Jhalawar (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.) 2. Ramesh Chand S/o Ganesh Lal, Aged About 35 Years, R/o Kalyanpura Police Station Dug District Jhalawar (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ali Mohammed Khan Mr. Rohit Khandelwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order [2025:RJ-JP:32380] (2 of 4) [CRLMB-9880/2025] 18/08/2025 1. These applications for bail are filed under Section 483 of BNSS by the applicants-accused Sohanbai W/o Ganeshlal, Dhapubai W/o Rameshchand, Gajrabai W/o Dineshlal, Dineshlal S/o Ganeshlal and Ramesh Chand S/o Ganesh Lal in FIR No. 151/2025 dated 21.06.2025 registered at P.S. Dug District -Jhalawar, whereby the applicant-accuseds were charged under Sections 189(2), 115(2), 126(2), 117(2), 110 of BNS. 2. The applicant were arrested and are in judicial custody since their arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicants relying upon grounds raised in bail applications submits that the applicants are innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicants-accused is complete and are no more required by the Investigating Agency for investigation. He further assures that in case, the applicants-accused are required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicants-accused in custody. 4. Learned counsel for Sohanbai and Dhapubai and Gajrabai submitted that these accused are ladies and there is no specific attribution on any of these petitioners. He further submitted that these petitioners were named only as they are family members of Ramesh. Learned counsel for [2025:RJ-JP:32380] (3 of 4) [CRLMB-9880/2025] petitioner Dinesh and Ramesh submitted that this is a general allegation and the injuries are simple in nature. He further submitted that there is a pending land dispute between the parties and with support by Ramesh, the complainant injured have assaulted injured and this is a case of free fight. He further submitted that the injured Bherulal has sustained grievous injury but same is not dangerous to life. 5. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted report received from concerned police station and same is taken on record. 6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record. 7. On the basis, of parchabayan of injured Behrulal, case was registered and during investigation, injury reports of Behrula, Vishal, Devilal and Narayan were prepared and procured. Except Injury No.1 of Behrulal, all are simple in nature. Injury No.1 upon Behrulal is multiple hemorrhage and grievous in nature but caused by blunt weapon. A stick has been recovered. 8. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused. [2025:RJ-JP:32380] (4 of 4) [CRLMB-9880/2025] 9. Thus, the bail applications filed on behalf of applicant- accused Sohanbai W/o Ganeshlal, Dhapubai W/o Rameshchand, Gajrabai W/o Dineshlal, Dineshlal S/o Ganeshlal and Ramesh Chand S/o Ganesh Lal, is hereby allowed and the applicants-accused are ordered to be released on bail on condition that each of the petitioners would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /244-245