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2025 DAILYLAW 34084 (RAJ)

SAMAY SINGH S/O SHRI RAMPHOOL v. STATE OF RAJASTHAN

CRLMB/15328/2024 · 2025-02-13

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:6627] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15328/2024 1. Samay Singh S/o Shri Ramphool, Aged About 35 Years, R/o Village Kanchrauda, Police Station Kurgaon, District Karauli (Raj.). (The Accused Petitioner Presently Confined In District Jail Karauli). 2. Raghuveer S/o Shri Kalla, Aged About 27 Years, R/o Village Kanchrauda, Police Station Kurgaon, District Karauli (Raj.). (The Accused Petitioner Presently Confined In District Jail Karauli). 3. Shersingh S/o Shri Ramphool, Aged About 28 Years, R/o Village Kanchrauda, Police Station Kurgaon, District Karauli (Raj.). (The Accused Petitioner Presently Confined In District Jail Karauli). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta with Mr. Ravindra Mavliya Mr. Utkarsh Goyal For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Vivek Goyal, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/02/2025 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.171/2024 registered at Police Station Kurgaon, District Karauli for the offences punishable under Sections 115(2), 126(2), 189(2), 109(1) & 352 of BNS. Charge- sheet has been filed for offences punishable under Sections [2025:RJ-JP:6627] (2 of 3) [CRLMB-15328/2024] 115(2), 126(2), 351(3), 324(4), 329(3), 117(2), 118(1), 110, 3(5), 109(1) & 352 of BNS. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submit that except one grievous injury on the mid-arm of of the injured, all other injuries are simple in nature. It is submitted that there is only one criminal antecedent against petitioner Samay Singh for the offences under Sections 147, 149, 323 & 341 of IPC wherein he is on bail. Learned counsel contend that cross FIR No.193/2024 has also been registered against the complainant party on the basis of criminal complaint submitted by petitioners in the Court of ACJM, Karauli for the offences under Sections 115(2), 126(2), 74, 62, 64(1) & 125 of BNS. It is contended that petitioners are in custody since 23.11.2024. Charge-sheet has been filed and trial will take time in its conclusion. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by the counsel for the petitioners. 4. Learned counsel for the complainant submits that petitioners were aggressors and committed offence when the complainant was doing agriculture work in his field. It is submitted that 13 injuries have been found by the medical expert on the body of victim/injured which clearly shows the intention of the petitioners that they were intended to kill victim. It is submitted that [2025:RJ-JP:6627] (3 of 3) [CRLMB-15328/2024] recoveries have also been made at the instance of petitioners. In these circumstances, they do not deserve to be enlarged on bail. 5. I have considered the contentions. 6. 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 considering the nature of injury and the fact that petitioners are in custody since 23.11.2024; charge-sheet has been filed and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioners (1) Samay Singh S/o Shri Ramphool, (2) Raghuveer S/o Shri Kalla, (3) Shersingh S/o Shri Ramphool, 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 CHARU SONI /133