Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:2637] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 397/2025 Kaluwa S/o Shri Danji, Aged About 50 Years, R/o Tighariya, Police Station, New Mandi, Hindaun, District Karauli (Rajasthan). (Presently Confined In District Jail, Karauli). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 20/01/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.228/2024 registered at Police Station Masalpur, District Karauli (Raj.) for the offences punishable under Sections 331(6), 109(1) & 3(5) of BNS. Later on, police filed charge-sheet in this matter for the offences under Section 331(6), 109(1), 3(5), 118(1) & 118(2) of BNS.
2.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that petitioner and victim are relatives (brother-in-laws). Counsel submits that complainant has three sisters and all of them are married to the petitioner and his two brothers. Counsel submits that unfortunately, wife of the petitioner’s brother committed suicide and on account of this, another false case has been lodged
[2025:RJ-JP:2637] (2 of 3) [CRLMB-397/2025] by the in-laws of the petitioner against the petitioner and his family members. Counsel submits that it is a case of sole injury, which has been opined as grievous in nature. Petitioner is in custody since 06.11.2024 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that there is every possibility that such incident for the reason that petitioner was making pressure on complainant to not give evidence against him in other case instituted against the petitioner for the offences punishable under Sections 306, 201 & 143 of IPC. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner; as also the fact that charge-sheet has been filed in this matter; it is the case of sole injury which has not been opined as dangerous to life; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Kaluwa S/o Shri Danji shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to
[2025:RJ-JP:2637] (3 of 3) [CRLMB-397/2025] which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7.
7. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court. (ANIL KUMAR UPMAN), J LALIT MOHAN /290