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2025 DAILYLAW 29432 (RAJ)

PURSHOTTAM S/O SH. NATHULAL v. THE STATE OF RAJASTHAN

CRLMB/11258/2025 · 2025-09-04

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:35706] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11258/2025 1. Purshottam S/o Sh. Nathulal, Aged About 50 Years, R/o Mandola Chaapar Police Station Kotwali Baran District Baran Rajasthan. (At Present Accused Is Confined In District Jail, Baran). 2. Surajmal S/o Sh Radheyshyam @ Channu, Aged About 31 Years, R/o Mandola Chaapar Police Station Kotwali Baran District Baran Rajasthan. (At Present Accused Is Confined In District Jail, Baran). 3. Ajay S/o Sh. Purshottam, Aged About 25 Years, R/o Mandola Chaapar Police Station Kotwali Baran District Baran Rajasthan. (At Present Accused Is Confined In District Jail, Baran). ----Petitioners Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Anurag Pareek For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/09/2025 1. Instant application for bail is filed under Section 483 of BNSS by the applicants-accused Purshottam S/o Sh. Nathulal, Surajmal S/o Sh Radheyshyam @ Channu and Ajay S/o Sh. Purshottam, in FIR No. 186/2025 dated 27.03.2025 registered at P.S. Kotwali Baran District -Baran, whereby the applicant-accused was charged under Sections 189(2), 115(2), 126(2) of BNS. [2025:RJ-JP:35706] (2 of 4) [CRLMB-11258/2025] 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 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 complainant party was aggressor and with a group of persons, they have assaulted accused persons. He further submitted that total 6 persons were arrested by police and out of which 3 were granted bail by trial court by impugned order but bail application of present petitioners were dismissed by the trial court. He further submitted that after the incident, injured Dileep, Jorawar Singh, Devendra, Kailash Bai and Chetan were examined and all injuries were found simple in nature but later after some days, a report of Chetan Kumar is reprepared and injury No.1 was opined as grievous in nature. He further submitted that there are no criminal antecedents against the petitioners and there is no evidence of intention to assault by the petitioners accused to commit homicide. [2025:RJ-JP:35706] (3 of 4) [CRLMB-11258/2025] 5. Aforesaid contentions were opposed by learned Public Prosecutor. 6. Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record along with case diary. 7. On 27.03.2025, report is registered for incident of 26.03.2025 by complainant Dileep Nagar about assault by Puroshottam and others. After registration of FIR, injured Jorawar, Dileep, Chetan, Kailash and Devendra were examined by doctor but police has mentioned injuries on their body in report itself. During investigation, present petitioners were arrested and three of accused were released on bail on 22.08.2025 but bail applications of present petitioners were dismissed by the trial court. Except Injury No.1 upon Chetan Kumar, all injuries upon injured were found as simple in nature. Injury No.1 on Chetan Kumar was found as depressed fracture on parietal region of skull. There is no criminal antecedents against the petitioners. 8. Upon hearing the arguments and perusing the record, we have found that the applicantx-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 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 Purshottam S/o Sh. Nathulal, [2025:RJ-JP:35706] (4 of 4) [CRLMB-11258/2025] Surajmal S/o Sh Radheyshyam @ Channu and Ajay S/o Sh. Purshottam, 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 applicant-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 /203