[2025:RJ-JP:32460] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10164/2025 1. Hemraj S/o Punni, Aged About 55 Years, R/o Sunhaira, Ps Kaman, District Deeg (Rajasthan) (At Present In Sub Jail, Kaman, Distt. Deeg) 2. Rajesh S/o Hemraj, Aged About 25 Years, R/o Sunhaira, Ps Kaman, District Deeg (Rajasthan) (At Present In Sub Jail, Kaman, Distt. Deeg) 3. Vijay Singh S/o Hemraj, Aged About 24 Years, R/o Sunhaira, Ps Kaman, District Deeg (Rajasthan) (At Present In Sub Jail, Kaman, Distt. Deeg) ----Petitioners Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Vikram Singh Chauhan For Respondent(s) : Mr. Anuj Rohila Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicants-accused Hemraj S/o Punni, Rajesh S/o Hemraj and Vijay Singh S/o Hemraj in FIR No. 18/2025 dated 13.01.2025 registered at P.S. Kaman District -Deeg, whereby the applicants-accused were charged under Sections 189(2), 115(2), 126(2), 74 and 351(2) of BNS. [2025:RJ-JP:32460] (2 of 4) [CRLMB-10164/2025] 2. The applicants were arrested and are in judicial custody since their arrest. The Court below has dismissed the bail application. 3. During course of argument, learned counsel offers to withdraw bail application of petitioner Vijay Singh with liberty to file after filing of charge-sheet, hence we are not considering bail application of petitioner Vijay Singh. We are only considering bail application Hemraj and Rajesh. 4. Learned counsel for the applicants relying upon grounds raised in bail application submits that the applicants are innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicant-accused is complete and are no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-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. 5. Learned counsel for petitioners submitted that this is a case of free fight where both the parties have registered case against each other. He further submitted that in the instant case, Umadevi, Chandrashekhar, Manoj, Dushyant and Sanjay are injured and Umadevi has sustained two injuries caused by blunt object. He further submitted that injured Manoj, Chandrashekhar have sustained simple injuries where Sanjay has one grievous injury on right knee. He further submitted that the injury upon Umadevi is not dangerous to [2025:RJ-JP:32460] (3 of 4) [CRLMB-10164/2025] life rather it is simple fracture. He also submitted that the altercation between the parties have started only because complainant party have initiated assault against accused party on issue of direction of drainage. He also submitted that all the petitioners belong to same family and parties are neighbour to each other and injuries are not sufficient to constitute offence under Section 110 of BNS. 6. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned counsel for complainant has referred admission record of Umadevi along with her CT scan report. 7. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. 8. On the basis of report registered by complainant Manoj on 13.01.2025 about incident in the evening of 12.01.2025, the matter is investigated and during investigation, the injury report was prepared and procured. Injured Uma Devi has sustained one grievous injury on parieto temporal bone though there is no opinion to show that injury is dangerous to life but still the attribution is upon Vijay Singh. Injured Sanjay has sustained one grievous injury on right knee. Cross FIR No.17/2025 is also registered by petitioner Hemraj against 18 persons opposite party. 9. 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 [2025:RJ-JP:32460] (4 of 4) [CRLMB-10164/2025] the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused. 10. Thus, the instant bail application filed on behalf of applicant- accused Hemraj S/o Punni and Rajesh S/o Hemraj is hereby allowed and the applicant-accused are ordered to be released on bail with 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 applicants-accused shall be liable to be canceled. 11. The bail application preferred by petitioner Vijay Singh is dismissed as withdrawn with liberty as prayed for. 12. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /264