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2025 DAILYLAW 3007 (RAJ)

MANOJ S/O SHRI DHUARAM v. STATE OF RAJASTHAN

CRLMB/384/2025 · 2025-02-07

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:5485] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.384/2025 1. Manoj S/o Shri Dhuaram, 2. Ghanshyam S/o Shri Ramjilal, Both are R/o Basai Neem, Police Station Kotwali, District Dholpur. (Presently Confined At District Jail Dholpur). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. R.R. Balsa, Adv. For Respondent(s) For Complainant : : Mr. Manvendra Singh, PP Mr. Dushyant Jain, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/02/2025 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.663/2024, registered at Police Station Kotwali Dholpur, District Dholpur, for the offence(s) under Sections 189(2), 115(2), 126(2) and 109(1) of B.N.S. 2. Learned counsel for the petitioners submit that the accused- petitioners have falsely been implicated for the offences under Sections 189(2), 115(2), 126(2) and 109(1) of B.N.S. read with Section 3/25-A of the Arms Act. It is argued that the allegations against the accused-petitioners are omnibus in nature and not specific. The accused-petitioner-party also lodged a cross FIR [2025:RJ-JP:5485] (2 of 3) [CRLMB-384/2025] against the complainant-party and the persons of accused- petitioner-party also sustained injures. The allegation of using firearm is against the other co-accused Manvendra and not against the present accused-petitioners. The accused-petitioners are in custody since 19.12.2024, investigation/trial of the case may take considerable time. None of the injured sustained any injury which was found to be dangerous to life, the injuries were found to be simple blunt in nature, therefore, the bail application of the accused-petitioners may be allowed. 3. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the grant of bail application. It is contended that the present accused-petitioners along with the other co-accused Manvendra caused injuries to the complainant-party and as result of it, 5 persons of complainant-party sustained injuries and firearm was also been used. Therefore, considering the grave allegations against the accused-petitioners, the bail application may be dismissed. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case and considering the fact that the main allegations of using firearms is against the other co-accused Manvendra, the accused- petitioners are in custody since 19.12.2024 and trial of the case may take considerable time, I deem 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- 1. Manoj S/o Shri Dhuaram and 2. Ghanshyam S/o Shri [2025:RJ-JP:5485] (3 of 3) [CRLMB-384/2025] Ramjilal, in connection with FIR No.663/2024, registered at Police Station Kotwali Dholpur, District Dholpur, shall be enlarged on bail provided both of them furnish 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 before the Court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-203