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[2025:RJ-JP:34847] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10043/2025
1. Bhagchand S/o Baldevram, Aged About 28 Years, R/o Amipura, Ps-Phulera, District Jaipur. (Petitioner Is Confined In Sub Jail, Sambhar Lake).
2. Radheshyam S/o Ishawarlal, Aged About 30 Years, R/o Hirnoda, Ps-Phulera, District Jaipur. (Petitioner Is Confined In Sub Jail, Sambhar Lake) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dinesh Pareek For Respondent(s) : Mr. Tapesh Agarwal, PP with Mr. Gaurav Gupta, Assistant GA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 01/09/2025
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.202/2021 registered at Police Station Jobner, District Jaipur Rural for the offences punishable under Sections 143, 341, 323, 308, 188 & 379 of IPC & Sections 4 & 5 of Rajasthan Epidemic Diseases Act, 2020. After completion of investigation, police filed charge-sheet in this matter.
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 none of the injuries sustained to injured person has been opined as dangerous to life. It is submitted that other co-accused persons have been granted
[2025:RJ-JP:34847] (2 of 3) [CRLMB-10043/2025] benefit of bail by the co-ordinate bench of this court. Petitioners are in custody since their date of arrest & there is one criminal antecedent against the petitioner-Bhagchand wherein on the basis of compromise, parties have resolved their dispute amicably. Counsel argues that trial of the case will take considerable time and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by
learned 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 both the parties, as also considering the nature of injuries and the fact that other co-accused persons have been granted benefit of bail by the co-ordinate bench of this court; trial will take time in its conclusion 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.
6. This bail application is accordingly allowed and it is directed that accused-petitioners – 1) Bhagchand S/o Baldevram & 2) Radheshyam S/o Ishawarlal 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 shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as
[2025:RJ-JP:34847] (3 of 3) [CRLMB-10043/2025] and when called upon to do so.
7. The observations 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 /123