[2025:RJ-JP:2622] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 308/2025 1. Kanhaiyalal S/o Bhagchand, Aged About 73 Years, R/o Ishwarpura, Police Station Mangrol, District Baran (Raj.) (At Present Confined In District Jail Baran) 2. Narendra S/o Kanhaiyalal, Aged About 37 Years, R/o Ishwarpura, Police Station Mangrol, District Baran (Raj.) (At Present Confined In District Jail Baran) 3. Jugal Kishore S/o Ramgopal, Aged About 48 Years, R/o Ishwarpura, Police Station Mangrol, District Baran (Raj.) (At Present Confined In District Jail Baran) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manoj Awasthi For Respondent(s) : Mr. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/01/2025 1. Counsel for the petitioners seeks withdrawal of this bail application qua accused-petitioner No. 2 i.e. Narendra S/o Kanhaiyalal with liberty to renew the prayer of bail after filing of charge-sheet. 2. Permission sought for is granted. 3. Accordingly, this bail application is dismissed as withdrawn qua accused-petitioner No. 2 i.e. Narendra S/o Kanhaiyalal with liberty as prayed. 4. Arguing the bail application for accused-petitioner Nos.1 & 3 i.e. Kanhaiyalal S/o Bhagchand & Jugal Kishore S/o Ramgopal, [2025:RJ-JP:2622] (2 of 3) [CRLMB-308/2025] who are in custody in connection with FIR No.245/2024 registered at Police Station Mangrol, District Baran (Raj.) for the offences punishable under Sections 189(2), 126(2), 115(2), 352, 332(c) & 109(1) of BNS, learned counsel for the petitioner contends that the accused-petitioners have falsely been implicated in this case. Counsel submits that except one injury on the head of the injured Giriraj which is grievous in nature, all other injuries are simple in nature. The said injury is also not attributed to the accused petitioners herein. It is a case of free-fight between the parties, wherein cross FIRs have been registered between the parties. Petitioners are in custody since their date of arrest. Further custody of the petitioner Nos. 1 & 3 would not serve any fruitful purpose. 5. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. She submits that petitioners are duly named in the FIR and they also participated in commission of crime. 6. I have considered the contentions. 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by the counsel for the petitioners; especially the fact that allegation of grievous injury is not attributed to the accused petitioners No.1 and 3; cross-cases have been registered between the parties; looking to the custody period and trial will take time in its conclusion but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. [2025:RJ-JP:2622] (3 of 3) [CRLMB-308/2025] 8. This bail application is accordingly partly allowed qua accused-petitioner Nos.1 & 3. The petitioners Kanhaiyalal S/o Bhagchand & Jugal Kishore S/o Ramgopal, 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 and when called upon to do so. 9. The observation made hereinabove is only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN), J LALIT MOHAN /275