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2025 DAILYLAW 33344 (RAJ)

KAMLESH S/O BHANWARLAL v. STATE OF RAJASTHAN

CRLMB/14543/2024 · 2025-01-17

Anil Kumar Upman

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Judgment text

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[2025:RJ-JP:2537] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14542/2024 1. Balulal @ Balchand S/o Sunderlal, Aged About 45 Years, R/o Chachurani, Police Station Dug District Jhalawar (Raj.) (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.) 2. Rajulal @ Bhuru S/o Sunderlal, Aged About 27 Years, R/o Chachurani, Police Station Dug District Jhalawar (Raj.) (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.) 3. Sumit @ Sumitraj S/o Balulal @ Balchand, Aged About 19 Years, R/o Chachurani, Police Station Dug District Jhalawar (Raj.) (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.) 4. Sunderlal S/o Bhairulal, Aged About 65 Years, R/o Chachurani, Police Station Dug District Jhalawar (Raj.) (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14543/2024 Kamlesh S/o Bhanwarlal, Aged About 35 Years, R/o Chachurani, Police Station Dug District Jhalawar (Raj.) (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous Bail Application No. 161/2025 Ajay S/o Poora Lal, Aged About 28 Years, R/o Chachurani, Police Station Dug, District Jhalawar (Rajasthan) (Accused Confined In Sub Jail, Bhawanimandi). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal Mohammed Rahil Kalam For Respondent(s) : Mr. N.S. Dhakar, PP [2025:RJ-JP:2537] (2 of 3) [CRLMB-14542/2024] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/01/2025 1. These instant bail applications have been filed under Section 483 of BNSS., on behalf of the petitioners, who have been arrested in connection with FIR No.230/2024 registered at Police Station Dug, District Jhalawar (Raj.) for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 121(1), 132 & 109(1) of BNS. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that no offence under Section 109 of BNS (corresponding to Section 307 IPC) is made out as all the injuries sustained to injured person are simple in nature. Petitioners are in custody since their date of arrest & there are no criminal antecedents against them. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners. 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 petitioners, as also the fact that all the injuries sustained to injured person is simple in nature; absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, [2025:RJ-JP:2537] (3 of 3) [CRLMB-14542/2024] I deem it proper to allow the bail applications. The observations 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. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1) Balulal @ Balchand S/o Sunderlal, 2) Rajulal @ Bhuru S/o Sunderlal, 3) Sumit @ Sumitraj S/o Balulal @ Balchand, 4) Sunderlal S/o Bhairulal 5) Kamlesh S/o Bhanwarlal & 6) Ajay S/o Poora Lal 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. (ANIL KUMAR UPMAN),J GAUTAM JAIN /131-133