RAMNARAYAN S/O SHRI CHEETARLAL v. STATE OF RAJASTHAN
CRLMB/15340/2024 · 2025-01-06
Ganesh Ram Meena
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34134 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34134 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:500] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 15340/2024 Ramnarayan S/o Shri Cheetarlal, Aged About 50 Years, R/o Hanotia, Police Station Anta, District Baran, Rajasthan. (At Present He Is Confined District Jail Baran). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Laxman Meena For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 06/01/2025
1. This second bail application has been filed by the accused petitioner u/S 483 BNSS in connection with FIR No. 331/2023 registered at Police Station Anta, District Baran for offence u/S 341, 323, 504, 336 & 308 IPC.
2. The first bail application bearing No. 4943/2024 was dismissed as withdrawn vide order dated 03.07.2024 with liberty to file fresh bail application after examination of the prosecution witnesses.
3. Heard.
4. Considered the submissions made at bar and perused the challan papers as well as the statements of the prosecution witnesses examined so far.
5. Allegation against the accused petitioner is that he inflicted two injuries to the deceased including one head injury. The first
[2025:RJ-JP:500] (2 of 3) [CRLMB-15340/2024] information report was registered on 09.09.2023 for offences punishable u/S 341, 323, 504, 336 & 308 IPC regarding the alleged incident, which is said to have occurred on 06.09.2023.
6. As per the challan papers, the medical report of the injuries of the deceased Ram Prakash was prepared on 29.10.2023 i.e. after more than one and a half month from the date of incident, for which neither there is any explanation nor the duration of injuries has been mentioned in the medical report.
7. Ram Prakash, who initially got injured, had died on 13.11.2023 and the accused petitioner is in custody since
14.11.2023.
8. Though there are specific allegations against the accused petitioner as regards the injuries sustained by the deceased Ram Prakash, however, there is no convincing explanation on record that why the MLR was prepared after a lapse of one and a half month and why there is no mention about the duration of injuries. The non-mentioning of the duration of injuries creates suspicion about the injuries that whether it have been inflicted by the accused petitioner or it were sustained by the deceased later on.
9. Taking into consideration the overall facts and circumstances of the case as observed above so also the fact that the accused petitioner is in custody for last more than one year, this Court, without expressing any opinion on merits or demerits of the case, deems just and proper to enlarge the petitioner on bail.
10. Accordingly, this second bail application is allowed and it is
directed that accused-petitioner shall be released on bail provided that he furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only), together with two sureties in the sum of
[2025:RJ-JP:500] (3 of 3) [CRLMB-15340/2024] Rs. 50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the Trial Court with the stipulation that he shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
(GANESH RAM MEENA),J GAURAV SRIVASTAVA /22