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2025 DAILYLAW 27752 (RAJ)

BABU BANJARA S/O SHRI PRABHU BANJARA v. STATE OF RAJASTHAN

CRLMB/10445/2025 · 2025-08-26

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:33771] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 10443/2025 Shankar Singh S/o Hanuman Singh, Aged About 52 Years, R/o Near Meena Ki Chakki, Rajaredi, Police Station Madanganj, District Ajmer (Raj.) (At Present In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Second Bail Application No. 10444/2025 1. Umrao Singh @ Ambu Singh S/o Shri Prahlad, Aged About 36 Years, R/o Near Meena Ka Chakki, Rajaredi, Madanganj, Kishangarh, Police Station Madanganj, Distt. Ajmer. (At Present In Central Jail, Ajmer). 2. Sunil Banjara S/o Shri Chiranjilal, Aged About 30 Years, R/o Near Loonkaran School, Rajaredi, Madanganj, Kishangarh, Police Station Madanganj, Distt. Ajmer. (At Present In Central Jail, Ajmer). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Third Bail Application No. 10445/2025 Babu Banjara S/o Shri Prabhu Banjara, Aged About 25 Years, R/o Maliyo Ki Dhani, Police Station Gandhi Nagar, Distt. Ajmer. (At Present In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent [2025:RJ-JP:33771] (2 of 4) [CRLMB-10443/2025] For Petitioner(s) : Ms. Savita Nathawat For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 26/08/2025 1. The accused-petitioners have filed these bail applications under Section 483 B.N.S.S. arising out of F.I.R. No.154/2024 registered with the Police Station Madanganj, District Ajmer for offence under Sections 147, 323, 504, 143, 307 & 452 of IPC. 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. She further submits that the injured- Bajrang Singh has arrived at a compromise with the accused-party. She also submits that the co- accused namely, Balveer Singh S/o Shri Prahlad has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 24.07.2025 in S.B. Criminal Misc. Bail Application No.2364/2025 and cases of the present accused-petitioners are not in any manner distinguishable from the case of co-accused- Balveer Singh. She also submits that the accused-petitioners are in custody for last more than one year and trial of the cases will take considerable time to conclude, therefore, the accused- petitioners may be enlarged on bail. 3. Learned Public Prosecutor has vehemently opposed the prayer made by counsel for the accused-petitioners. 4. Considered the submissions made at bar so also perused the [2025:RJ-JP:33771] (3 of 4) [CRLMB-10443/2025] material available on record, including the statements of Bajrang Singh (PW-2) and Roop Singh (PW-6). 5. The Co-ordinate Bench of this Court while allowing the bail application of co-accused Balveer Singh on 24.07.2025 has observed as under:- “3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that no specific act is attributed to the present petitioner in the FIR. Injured Bajrang Singh has arrived at the compromise with all accused persons, which is evident by the trial Court order sheets and the Bajrang Singh deposition has been recorded before the trial Court in which he has stated that it is the co-accused -Manish who has attacked on his head and face. In the Court statement he further stated that Balveer Singh and other persons has attacked to him by the wood stick. Petitioner is behind the bars since 05.05.2024 near about fifteen months. Charge-sheet has been filed and the deposition of the injured Roop Singh has been recorded before the trial Court. The trial of the case may take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, hence the bail application of the petitioner may be allowed.” 6. On consideration of the statements of the prosecutions witnesses Bajrang Singh (PW-2) and Roop Singh (PW-6) who are the injured witnesses, the Court is of the opinion that the case of the present accused-petitioners is in no manner distinguishable from the case of co-accused Balveer Singh, who has already been enlarged on bail by the Co-ordinate Bench of this Court. 7. Having regard to the submissions made by learned counsel for the accused-petitioners and so as to maintain the parity, this Court without expressing any opinion on the merits and demerits [2025:RJ-JP:33771] (4 of 4) [CRLMB-10443/2025] of the case, deems just and proper to enlarge the accused- petitioners on bail. 8. These bail applications are, accordingly, allowed and it is directed that accused-petitioners shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that they shall appear before that Court or any other Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 9. Registry is directed to place a copy of this order in each connected bail applications. (GANESH RAM MEENA),J ARTI SHARMA /15-17