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2025 DAILYLAW 33778 (RAJ)

DEEPAK S/O SITARAM v. STATE OF RAJASTHAN

CRLMB/14914/2024 · 2025-04-22

Ashutosh Kumar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:16886] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14914/2024 1. Deepak S/o Sitaram, Aged About 23 Years, 2. Premchand S/o Sitaram, Aged About 35 Years, Both are Residents of Kabir Kutia Mohallah, Ramganjmandi, Police Station Ramganjmandi, District Kota (Rajasthan) (Both Currently In Sub-Jail Sangod, Rajasthan). ----Accused-Applicants Versus State of Rajasthan, Through PP ----Respondent For Applicants : Mr. Harendra Singh Sinsinwar, Adv. with Mr. Shivam Sharma, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 22/04/2025 1. The present bail application has been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 against the order dated 20.11.2024 passed by learned Additional Sessions Judge No.1, Kota in Bail Application (CIS) No.2548/2024 arising out of FIR No.292/2024, registered at Police Station Sangod, District Kota (Rural) for the offences punishable under Sections 126(2), 115(2), 117(2), 110 and 3(5) of B.N.S., 2023 (later on for the offence punishable under Section 109 of B.N.S., 2023) by which the bail application of the accused-applicants under Section 483 of B.N.S.S.,2023 has been dismissed. [2025:RJ-JP:16886] (2 of 4) [CRLMB-14914/2024] 2. Learned counsel for the accused-applicants submits that the accused-applicants have falsely been implicated in this case. Learned counsel also submits that the accused-applicants and the injured-Kanhaiyalal are related to each other. Learned counsel further submits that there was no intention of the accused- applicants to kill the injured-Kanhaiyalal and the alleged incident happened in the spur of moment. 3. Learned counsel for the accused-applicants contends that no injury on the vital part of body of the injured-Kanhaiyalal was found and the grievous injuries are on his legs and hands, which cannot be said to be dangerous to life. Learned counsel also contends that the accused-applicants were arrested on 07.11.2024 and since then, they are behind the bars. Learned counsel further contends that in this matter, the charge-sheet has already been filed and trial will take long time to conclude, therefore, the accused-applicants be granted benefit of bail. 4. In support of his contentions, learned counsel for the accused-applicants places reliance upon the judgments passed by the Coordinate Benches of this Court in the cases of:- • Babu Lal Meena Vs. State of Rajasthan & Ors. (S.B. Criminal Revision Petition No.691/2008), decided on 25.08.2009, • Rafiq Mohammed Vs. State of Rajasthan (D.B. Criminal Appeal No.520/2002), decided on 16.12.2009, • Munna Vs. State of Rajasthan [S.B. Cr. (Jail) Appeal No.85/1984], decided on 24.05.1984 & • Dhabu Bai Vs. State of Rajasthan (S.B. Criminal Appeal No.508/1986), decided on 09.07.2013. [2025:RJ-JP:16886] (3 of 4) [CRLMB-14914/2024] 5. Learned Deputy Government Advocate vehemently opposes this bail application and submits that the charge levelled against the accused-applicants is that they caused as many as four grievous injuries to the injured-Kanhaiyalal, which have been found to be dangerous to life, therefore, the accused-applicants are not entitled to be enlarged on bail. Learned Deputy Government Advocate submits the latest factual report dated 12.01.2025 forwarded by SHO, Police Station Sangod, District Kota (Rural), which is taken on record. 6. Heard learned counsel for the parties and also perused the material available on record. 7. Admittedly, no grievous injury on the vital part of body of the injured-Kanhaiyalal has been found, the grievous injuries are on his legs and hands, however, charge-sheet in this case has already been filed. 8. Having regard to the facts and circumstances of the case, and considering the fact that the applicants are in judicial custody since 07.11.2024 and also considering the fact that the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicants. 9. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicants namely (1) Deepak S/o Sitaram & (2) Premchand S/o Sitaram, arrested in connection with FIR No.292/2024, registered at Police Station Sangod, District Kota (Rural) shall be released on bail; provided each of them furnishes personal bond in the sum of [2025:RJ-JP:16886] (4 of 4) [CRLMB-14914/2024] Rs.1,00,000/- each and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicants will be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA / 13