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2025 DAILYLAW 34101 (RAJ)

CHATURBHUJ S/O BACHCHU v. STATE OF RAJASTHAN

CRLMB/15329/2024 · 2025-01-24

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:3634] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15329/2024 1. Chaturbhuj S/o Bachchu, 2. Vijendra S/o Badan, Both are R/o Chainpura, Police Station Gadhi Bajna, District Bharatpur. (At Present Confined In Sub Jail Bayana, District Bharatpur). ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 565/2025 Omveer S/o Vijendar, R/o Chainpura, Police Station Gadhi Bajna, District Bharatpur. (At Present Confined In Sub Jail Bayana, District Bharatpur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Yogesh Singhal, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP and Mr. Anil Agarwal, Adv., on behalf of Mr. Jitendra Singh Shekawat, Adv., for complainant. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 24/01/2025 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.117/2024, registered at Police Station Gadhi Bajna, District Bharatpur for the offences punishable under [2025:RJ-JP:3634] (2 of 3) [CRLMB-15329/2024] Sections 115(2), 126(2), 329(3), 352 and 3(5) of BNS, 2023. Later on, Police has filed charge-sheet in this matter. 2. It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. Learned counsel submits that after investigation, Police has submitted charge-sheet in this case for the offences punishable under Sections 110, 117(2), 115(2), 126(2), 329(3), 352 and 3(5) of BNS, 2023. He further submits that initially, injury No.1 on the head of the injured - Dhara was opined grievous in nature and caused by sharp edged weapon, thereafter, Medical Board was constituted under the Order of Superintendent of Police, Bharatpur and according to the opinion of the Medical Board said injury was found simple in nature and caused by blunt weapon. He argues that trial of the case will take considerable time. He contends that the petitioners are in custody since 20.11.2024 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by the learned counsel for the petitioners. Learned counsel for the complainant submits that there is allegation against the petitioner- Omveer to cause head injury on the person of the injured by sharp object. 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 material available on record; nature of injuries and opinion of the Medical [2025:RJ-JP:3634] (3 of 3) [CRLMB-15329/2024] Board; charge-sheet has been filed and trial will take time in its conclusion 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 these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1. Chaturbhuj S/o Bachchu, 2. Vijendra S/o Badan and 3. Omveer S/o Vijendar 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 each of them 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 MADAN/109-110