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2025 DAILYLAW 28032 (RAJ)

SHAITAN GURJAR S/O JAGDISH GURJAR v. STATE OF RAJASTHAN

CRLMB/10524/2025 · 2025-09-20

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:38848] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.10524/2025 1. Shaitan Gurjar S/o Jagdish Gurjar, Aged About 27 Years, R/o In Front Of Gram Panchayat Devnagar, Police Station Pushkar, District Ajmer. (At Present In Central Jail Ajmer). 2. Deepak Gurjar S/o Jagdish Gurjar, Aged About 21 Years, R/o In Front Of Gram Panchayat Devnagar, Police Station Pushkar, District Ajmer. (At Present In Central Jail Ajmer). 3. Devkaran Gurjar @ Deva S/o Late Balaram Gurjar, Aged About 19 Years, R/o Holi Ka Chowk, Balwanta Police Thana Nasirabad Sadar, District Ajmer, Presently Devnagar, Police Station Pushkar, District Ajmer. (At Present In Central Jail Ajmer). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Satish Kumar Khandal, Adv. Mr. Gourav Pareek, Adv. Mr. Aditya Pareek, Adv. For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/09/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.157/2025, registered at Police Station Pushkar, District Ajmer, for the offence(s) under Sections 189(2), 126(2), 115(2), 303(2) and 333 of BNS. [2025:RJ-JP:38848] (2 of 3) [CRLMB-10524/2025] 2. Learned counsel for the petitioners submits that the accused- petitioners have falsely been implicated in the present case. It was alleged that the petitioners have caused injury to the complainant which resulted into termination of her pregnancy. However, after thorough investigation, it was found that there was no indication of any recent pregnancy or abortion. Consequently, no offence under the relevant provisions has been made out against the petitioners, the accused-petitioners are in custody since 07.08.2025 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 vehemently opposed the grant of bail application. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case. Considering the fact that the injuries caused to the injured were found to be simple in nature and no case is made out as to termination of pregnancy, therefore, this Court deems it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused petitioners namely; 1. Shaitan Gurjar S/o Jagdish Gurjar, 2. Deepak Gurjar S/o Jagdish Gurjar and 3. Devkaran Gurjar @ Deva S/o Late Balaram Gurjar, in connection with FIR No.157/2025, registered at Police Station Pushkar, District Ajmer, shall be enlarged on bail provided each of them 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 their appearance [2025:RJ-JP:38848] (3 of 3) [CRLMB-10524/2025] before the Court concerned on all the dates of hearing and as and when called upon to do so. 7. The accused-petitioners namely Shaitan Gurjar and Devkaran Gurjar @ Deva, are also directed to mark their presence on 25th of every month before the concerned Police Station till conclusion of the trial. The SHO of the concerned Police Station is directed to maintain a regular register marking the presence of the accused-petitioners-Shaitan Gurjar and Devkaran Gurjar @ Deva and shall send the presence report of the accused petitioners on the same day to the concerned trial Court every month without any delay. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioners namely Shaitan Gurjar and Devkaran Gurjar @ Deva, for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava/-79