PHOOLCHAND @ MUNNA SINGH S/O CHHAGAN SINGH v. STATE OF RAJASTHAN
CRLMB/10757/2025 · 2025-08-28
Praveer Bhatnagar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27982 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27982 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:34513] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8923/2025
1. Kailash S/o Biram, Aged About 33 Years, R/o Hathipata Police Station Srinagar District Ajmer. At Present In Central Jail, Ajmer.
2. Phoolchand @ Munna Singh S/o Chhagan Singh, Aged About 30 Years, R/o Hathipata Police Station Srinagar District Ajmer. At Present In Central Jail, Ajmer. ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10757/2025 Phoolchand @ Munna Singh S/o Chhagan Singh, Aged About 30 Years, R/o Hathipata, Police Station Shrinagar, District Ajmer. (At Present In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Harendra Singh Sinsinwar with Mr. Ravi Kumar Yadav, Mr. Jitendra Choudhary and Mr. Gaurav Sharma For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 28/08/2025 In
S.B. Criminal Misc. Bail Application No. 8923/2025:-
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioners. The accused-petitioners
[2025:RJ-JP:34513] (2 of 3) [CRLMB-8923/2025] have been arrested in connection with FIR No. 100/2025 registered at Police Station Sri Nagar, District Ajmer for the offences under Sections 115(2), 126(2), 3(5) and 103(1) of BNS.
2. Learned counsels for the accused-petitioners submit that the accused-petitioners have falsely been implicated in this case. He further submits that prima-facie offence under Section 105 of BNS is not made out against the petitioners. The injuries sustained to the deceased is due to falling on the road and not due to any act of the petitioners as alleged by the prosecution. The accused- petitioners are in custody since 20.06.2025 and the trial/investigation of the case may take considerable time, therefore, the bail application of the accused-petitioners may be allowed.
3. Learned Public Prosecutor has submitted the factual report. The same is taken on record.
4. Learned Public Prosecutor has vehemently opposed the bail application.
5. Heard and perused the factual report.
6. In the factual report, it is specifically stated that the deceased tried to intervene in the altercation which took place between the petitioners and other persons and due to which he fell and sustained head injuries which leads to his death, therefore, considering the above facts, I deem it just and proper to enlarge the accused-petitioners on bail.
7. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioners namely: 1. Kailash S/o Biram and 2. Phoolchand @ Munna Singh S/o Chhagan Singh, in connection with FIR No. 100/2025 registered
[2025:RJ-JP:34513] (3 of 3) [CRLMB-8923/2025] at Police Station Sri Nagar, District Ajmer, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. In
S.B. Criminal Misc. Bail Application No. 10757/2025:
1.
Learned counsel for the petitioner does not want to press the bail application as the bail application of the petitioner- Phoolchand had already been submitted in S.B. Criminal Misc. Bail Application No.8923/2025.
2. Hence, the bail application of the accused-petitioner is dismissed as withdrawn.
(PRAVEER BHATNAGAR),J Keshav/106-107