KISHAN SINGH GURJAR S/O RAMJIWAN v. STATE OF RAJASTHAN
CRLMB/14006/2024 · 2025-01-27
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32761 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32761 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:3792] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14006/2024 Kishan Singh Gurjar S/o Ramjiwan, R/o Chari Ki Dhani, Tan Balapura, Police Station Phagi, District Dudu, Raj. (At Present Confined In Sambhar, Phulerajail). ----Petitioner Versus State Of Rajasthan, Through PP, Phagi. ----Respondent For Petitioner(s) : Ms. Vaishnavi For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Nonit Hatila HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 27/01/2025
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.212/2024 registered at Police Station Phagi, District Dudu (Raj.) for the offences punishable under Sections 115(2), 126(2), 109(1) & 3(5) of BNS. During investigation, offences punishable under Sections 115(2), 126(2), 109(1) & 117(2) of BNS have been found proved against the petitioner.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that injuries sustained to the injured have not been opined as dangerous to life and only one grievous injury was found on the non-vital part of the body. Counsel submits that parties have resolved their dispute amicably. Charge-sheet has
[2025:RJ-JP:3792] (2 of 3) [CRLMB-14006/2024] been filed in this matter. Petitioner is in custody since 14.10.2024 and trial will take time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that petitioner is a habitual offender and 17 other cases have been registered against him.
4.
Learned counsel appearing for the complainant does not dispute the factum of compromise and submits that complainant has no objection if this bail application is accepted.
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 for the petitioner, especially the fact that parties have resolved their dispute amicably; none of the injury sustained to the injured opined as dangerous to life; charge-sheet has been filed in this matter; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.
7. This bail application is accordingly allowed and it is directed that accused-petitioner Kishan Singh Gurjar S/o Ramjiwan 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
[2025:RJ-JP:3792] (3 of 3) [CRLMB-14006/2024] of hearing and as and when called upon to do so.
8. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station.
9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court.
10. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.
(ANIL KUMAR UPMAN),J LALIT MOHAN /118