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2025 DAILYLAW 27825 (RAJ)

CHITTARPURI S/O SH. BHAGIRATHPURI v. STATE OF RAJASTHAN

CRLMB/10437/2025 · 2025-08-29

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:34686] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10437/2025 1. Chittarpuri S/o Sh. Bhagirathpuri, R/o Sakhun, Police Station Narena Dist. Jaipur, Rajasthan. (At Present Accused Is In Judicial Custody At Sub Jail Sambhar Lake) 2. Ompuri S/o Sh. Chittarpuri, R/o Sakhun, Police Station Narena Dist. Jaipur, Rajasthan. (At Present Accused Is In Judicial Custody At Sub Jail Sambhar Lake) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ram Prasad Sharma and Mr. Akshay Sharma for Mr. Prahlad Sharma For Respondent(s) : Mr. Vijay singh Yadav, PP Mr. Sunil Kumar Jangid HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 29/08/2025 1. Instant application for bail is filed under Section 483 of BNSS by the applicants-accused Chittarpuri S/o Sh. Bhagirathpuri and Ompuri S/o Sh. Chittarpuri in FIR No. 111/2025 dated 07.06.2025 registered at P.S. Narena District -Jaipur, whereby the applicants-accused were charged under Sections 115(2), 126(2), 3(5), 352 and 329(3) of BNS. 2. The applicants 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 application submits that the applicants are innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present [2025:RJ-JP:34686] (2 of 3) [CRLMB-10437/2025] 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 the applicants-accused will be available. He also submits that the trial will take its own time and no purpose will be served by keeping the applicants-accused in custody. 4. Learned counsel for petitioners submitted that the parties have settled their dispute as they are brothers and members of same family and due to sudden provocation, there was a free fight between them. He further submitted that complainant and injured are present before this Hon’ble Court to acknowledge the compromise between them. 5. Aforesaid contentions were opposed by learned Public Prosecutor but learned counsel for complainant acknowledged the compromise. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. 7. On the basis of complaint lodged by Smt. Saroj about assault on her and her husband by petitioners and others, criminal case is registered and petitioners were arrested. An affidavit of Saroj Devi, Nanupuri and Shankarpuri is filed on record and all are present before this Court. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-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 [2025:RJ-JP:34686] (3 of 3) [CRLMB-10437/2025] case, the Court deems it appropriate to grant bail to the applicants-accused. 9. Thus, the instant bail application filed on behalf of applicants-accused Chittarpuri S/o Sh. Bhagirathpuri and Ompuri S/o Sh. Chittarpuri, 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. 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 /119