[2025:RJ-JP:3042] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15052/2024 1. Hitesh Aswani S/o Gopal Das, Aged About 25 Years, R/o 68/28, Heera Path, Mansarovar, Police Station Shipra Path, Jaipur, Rajasthan. (At Present Confined In Central Jail Jaipur). 2. Prakash Manglani S/o Dayaldas Manglani, Aged About 29 Years, R/o 68/28, Heera Path, Mansarovar, Police Station Shipra Path, Jaipur, Rajasthan. (At Present Confined In Central Jail Jaipur). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajeev Kumar Sogarwal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/01/2025 1. The instant bail application has been filed under Section 483 of BNSS., on behalf of the petitioners, who have been arrested in connection with FIR No.15/2024 registered at Police Station Shipra Path, District Jaipur City (South) (Raj.) for the offences punishable under Sections 323 & 341 of IPC. Later on, police filed charge- sheet for the offences punishable under Sections 323, 341 & 307 of IPC. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that initially FIR was registered for the offences punishable under Sections 323 & 341 of IPC but later on, [2025:RJ-JP:3042] (2 of 3) [CRLMB-15052/2024] offence under Section 307 of IPC has been added only on the ground that after six months of the alleged incident, it was opined by the medical expert that sole injury sustained to the injured is dangerous to life & same was caused by a blunt object. It is submitted that it appears from the testimony of victim recorded under Section 161 Cr.P.C., that alleged incident took place at the spur of moment & petitioners have no intention to cause any life threatening injury. Petitioners are in custody since 16.11.2024 & 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 especially the fact that this is a case of sole injury; alleged incident happened at the spur of moment on account of price of eggs; charge-sheet has been filed; absence of criminal antecedents as well as 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. 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. This bail application is accordingly allowed and it is directed that accused-petitioners – 1) Hitesh Aswani S/o Gopal Das & [2025:RJ-JP:3042] (3 of 3) [CRLMB-15052/2024] 2) Prakash Manglani S/o Dayaldas Manglani 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 /462