[2025:RJ-JP:2275] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12323/2024 Salim S/o Amru, Aged About 25 Years, R/o Village Ladalaka Police Station Kama District Deeg. At Present In Sub Jail, Deeg. ----Petitioner Versus State Of Rajasthan, Through The PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 13197/2024 Mausam Ali @ Mausam S/o Asru, Aged About 32 Years, R/o Ladlaka, Police Station Kaman, District Deeg (Raj.) (At Present Accused Petitioner Confined In Sub Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Harendra Singh Mr. Amit Singh Shekhawat For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/01/2025 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.336/2024 registered at Police Station Kama, District Deeg (Rajasthan) for the offences punishable under Sections 143, 323, 341, 354, 379, 452, 504 & 506 of IPC. Later on, police filed charge-sheet in this matter for the offences [2025:RJ-JP:2275] (2 of 3) [CRLMB-12323/2024] punishable under Sections 143, 323, 341, 452, 307, 504 & 506 of IPC. 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submit that although as per the prosecution case, there is allegation against the petitioner Mausam Ali @ Mausam to cause head injury to the injured Sahid by lathi but in bed head ticket and admission form of injured, it has been shown that the injury was hit by stone. Counsel submit that charge-sheet has been filed in this matter. Counsel submits that there are no criminal antecedents of the petitioner Mausam Ali @ Mausam whereas only one case has been registered against the petitioner Salim S/o Amru. Petitioners Salim S/o Amru and Mausam Ali @ Mausam are in custody since 18.09.2024 & 02.10.2024 respectively and trial will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that the head injury sustained to the injured has been opined as dangerous to life. 4. At this stage, learned counsel for the petitioners submit that the opinion regarding injury has been formed on the basis of bed head ticket and discharge ticket of the injured and according to these documents head injury was caused by stone as disclosed by the injured and his family members to the doctor at initial stage. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel [2025:RJ-JP:2275] (3 of 3) [CRLMB-12323/2024] for the petitioners and especially the version given by the injured and his family members at initial stage when he was admitted in the hospital; charge-sheet has been filed in this matter; absence of criminal antecedents of the petitioner Mausam Ali @ Mausam; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 7. 7. This bail application is accordingly allowed and it is directed that accused-petitioner Salim S/o Amru & Mausam Ali @ Mausam S/o Asru 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. 8. Any observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN), J LALIT MOHAN /111-112