GAURISHANKAR S/O SHIVPRAKASH v. STATE OF RAJASTHAN
CRLMB/15378/2024 · 2025-01-03
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34185 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34185 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:290] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15378/2024 Gaurishankar S/o Shivprakash, Aged About 33 Years, R/o Mahodari, Police Station Nahargarh, District Baran (Raj.). (At Present Confined In District Jail Baran). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15860/2024 Shambhu Yogi S/o Bhanwar Lal, Aged About 24 Years, R/o Mahodari, Police Station Nahargarh, District Baran (Raj.) (At Present In District Jail Baran). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jagdish Nagar Mr. Chetram Saini For Respondent(s) : Mr. Amit Kumar Gupta, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 03/01/2025
1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.150/2024 registered at Police Station Nahargarh (Baran), District Baran for offences punishable under Sections 115(2), 109(1) & 3(5) of BNS. Charge-sheet has been filed for offences under Sections 115(2), 109(1), 117(2) & 3(5) of BNS.
[2025:RJ-JP:290] (2 of 3) [CRLMB-15378/2024]
2.
Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. It is submitted that allegation of causing knife injury is against co-accused Premchand, however, it has been opined by medical expert that injury was caused by blunt weapon. It is submitted that there is no allegation against the petitioners to cause any injury on the person of injured. Learned counsel contend that petitioners have no criminal antecedents and they are in custody since 19.11.2024. Trial will take considerable time in its conclusion and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. He submits that petitioner Shambhu is named in the FIR.
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 as also the fact that allegation of causing knife injury in the stomach of injured is against co- accused Premchand; petitioners have no criminal antecedents and they are in custody since 19.11.2024, but without commenting anything on merits and 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) Gaurishankar S/o Shivprakash, (2) Shambhu Yogi S/o Bhanwar Lal, shall be released on bail provided each of them shall furnish a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only)
[2025:RJ-JP:290] (3 of 3) [CRLMB-15378/2024] 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 /269-270