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[2025:RJ-JP:2188] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11701/2024 Ghasilal S/o Kishanlal, Aged About 57 Years, R/o Ghatod, Police Station Bhawanimandi, District Jhalawar. (At Present Confined In Sub Jail, Bhawanimandi). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Prakash Kumar Jain For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 16/01/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.269/2024 registered at Police Station Bhawanimandi District Jhalawar for the offences under Sections 341 and 323 of IPC. After completion of investigation, charge- sheet for offences under Sections 341, 323, 325 and 326 of IPC has been filed in the Court concerned.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel further submits that the alleged offences are triable by Magistrate. Learned counsel further submits that charge-sheet has already been filed. The petitioner does not have any criminal antecedent. Learned counsel further submits that the petitioner is in custody since 30.07.2024 and further custody of the petitioner would not serve any fruitful purpose.
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3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. She submits that several injuries were found on the person of the injured and according to the medical opinion, injures have been found life threatening.
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, especially the fact that offences are triable by Magistrate; the petitioner does not have any criminal antecedent; filing of charge-sheet and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
6. This bail application is accordingly allowed and it is directed that accused-petitioner - Ghasilal S/o Kishanlal 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 which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. The observation made hereinabove is only for decision of the instant bail application and will not effect trial in any manner.
(ANIL KUMAR UPMAN),J MR/97