Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 28944 (RAJ)

HANSRAJ @ NARESH S/O PRAHLAD v. STATE OF RAJASTHAN

CRLMB/11290/2025 · 2025-09-10

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:36762] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10352/2025 Dinesh S/o Heeralal, Aged About 25 Years, R/o Police Thana- Dablana, District Bundi (Raj.) (At Present Confined In Bundi Jail) ----Petitioner Versus State Of Rajasthan, Through The PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 11290/2025 Hansraj @ Naresh S/o Prahlad, Aged About 23 Years, R/o Village Devariya, Police Station Dei, District Bundi (Rajasthan). (Presently Confined At District Jail Bundi). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Harshita Sharma for Dr. Mahesh Sharma Mr. Babu Lal Sharma For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/09/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.125/2025 registered at Police Station Nainwa, District Bundi for the offences under Sections 126(2), 115(2), 189(2), 191(2), 191(3), 190 & 109(1) of Bharatiya Nyaya Sanhita (in short, ‘BNS’), 2023. After completion of investigation, [2025:RJ-JP:36762] (2 of 3) [CRLMB-10352/2025] police has filed charge-sheet in this matter for the offences punishable under Sections 126(2), 115(2), 189(2), 191(2), 191(3), 190, 109(1) and 103(1) of BNS, 2023 and Section 4/25 Arms Act. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is submitted that according to the prosecution story, the deceased forcefully entered into the marriage ceremony and started misbehaving with the women present there and therefore, people threw him out of the marriage ceremony but after sometime the deceased returned with some other people with weapons like swords, which led to a dispute and a scuffle broke out there between both the parties and one person stabbed the deceased resulting in his death. He further states that under such circumstances, an unintentional accident took place for which the deceased was also responsible to some extent. They further submit that allegation of causing sole knife injury is not against the petitioners and same has been attributed to co-accused Mamraj S/o Kastura. Charge-sheet has been filed and trial will take considerable time in its conclusion. It is submitted that petitioners are in custody since 01.05.2025 and 11.06.2025 respectively and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. He submits that petitioners are actively participated in commission of crime but fairly admits that allegation of causing knife injury is not against the petitioners. [2025:RJ-JP:36762] (3 of 3) [CRLMB-10352/2025] 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the argument advanced by learned counsel for the petitioners, as also considering the fact that allegation of causing knife injury is not attributed to accused petitioners; investigation has been completed; charge-sheet has been filed and trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Dinesh S/o Heeralal and (2) Hansraj @ Naresh S/o Prahlad, shall be released on bail provided each of them 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 they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observations made hereinabove are only for decision of these bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /87-88