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2025 DAILYLAW 33144 (RAJ)

HAJARI S/O BALA v. STATE OF RAJASTHAN

CRLMB/14331/2024 · 2025-02-20

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:7758] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14331/2024 1. Hajari S/o Bala, R/o Sawai Ganj, Police Station Rawanjana Dungar Dist. Sawai Madhopur. (Presently Accused Petitioner Is Confined In Dist. Jail Sawai Madhopur) 2. Rajendra S/o Hajari, R/o Sawai Ganj, Police Station Rawanjana Dungar Dist. Sawai Madhopur. (Presently Accused Petitioner Is Confined In Dist. Jail Sawai Madhopur) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1759/2025 Ramkishan S/o Hajari, Aged About 45 Years, R/o Sawaiganj, Police Station Ravanjana Dungar, District Sawai Madhopur. (Presently Confined In District Jail Sawai Madhopur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Dharmendra Sharma Mr. Umesh Dixit For Respondent(s) : Mr. Narendra Dhakad, PP with Mr. Gaurav Gupta, Asst. GA Mr. Vishnu Bohra, complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/02/2025 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.0139/2024 registered at Police Station [2025:RJ-JP:7758] (2 of 3) [CRLMB-14331/2024] Rawanjana Dungar, District Sawai Madhopur for the offences punishable under Sections 189(2), 115(2), 126(2), 329(3), 351(2) & 76 of BNS. 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submit that cross cases have been registered between the parties and both the sides sustained simple as well as grievous injuries. Counsel submit that admittedly there is land dispute between the parties. There are no criminal antecedents against the petitioners. After investigation, Police filed charge-sheet and trial will take considerable time. Petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor as well as counsel for the complainant opposes the submissions made by counsel for the petitioners. Counsel for the complainant submits that injury on the head of Ramphool was caused by petitioner- Ramkishan and same has been opined as dangerous to life. 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 parties, material available on record including injuries sustained by both the parties; charge-sheet has been filed and trial will take considerable time in its conclusion; absence of criminal antecedents as well as looking to the 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. [2025:RJ-JP:7758] (3 of 3) [CRLMB-14331/2024] 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Hajari S/o Bala (2) Rajendra S/o Hajari and (3)Ramkishan S/o Hajari shall be released on bail provided they 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. 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station. 8. If breach of any of these conditions is reported or come to the notice of the Court, same shall alone be a reason for the trial court to cancel the bail granted to them by this Court. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioners. In case the petitioners fail to mark their 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 Sunita/79-80