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2025 DAILYLAW 34033 (RAJ)

PRAKASH BAIRWA S/O LALCHAND BAIRWA v. STATE OF RAJASTHAN

CRLMB/15272/2024 · 2025-02-07

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:5551] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15272/2024 Prakash Bairwa S/o Lalchand Bairwa, Aged About 39 Years, R/o Liloj, Police Station Bandikui, District Dausa (Raj.) (At Present In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mahaveer Prasad Nayak For Respondent(s) : Mr. J.P. Tiwari, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/02/2025 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.958/2024 registered at Police Station Pratap Nagar, District Jaipur City East (Raj.) for the offence punishable under Sections 109(1) of BNS 2023 (Section 307 IPC). 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that the alleged incident took place in the spur of moment on 10.11.2024. Counsel submits that only two injuries have been opined to be grievous in nature and same were found on the non vital part of the body. Besides these two injuries, all other injuries are simple in nature. There is no criminal antecedent against the petitioner and charge-sheet has been filed. Petitioner is in custody since 13.11.2024 and further custody of the petitioner would not serve any fruitful purpose. [2025:RJ-JP:5551] (2 of 2) [CRLMB-15272/2024] 3. Learned Public Prosecutor has opposed the submissions made by the learned counsel for the petitioner. 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 petitioner and material available on record as also looking to the fact that grievous injuries were found on the non vital part of the body and absence of criminal antecedents against the petitioner, period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner – Prakash Bairwa S/o Lalchand Bairwa 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 of hearing and as and when called upon to do so. 7. The observation made hereinabove is only for decision of the instant appeal and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J Pcg/117