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2025 DAILYLAW 34225 (RAJ)

BABU S/O KASHIRAM v. STATE OF RAJASTHAN

CRLMB/15393/2024 · 2025-02-03

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:4606] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15393/2024 1. Babu S/o Kashiram, Aged About 65 Years, R/o Balda, Police Station Kelwara, District Baran (Raj.). (At Present Confined In District Jail Baran ) 2. Buddha S/o Kashiram, Aged About 55 Years, R/o Balda, Police Station Kelwara, District Baran (Raj.). (At Present Confined In District Jail Baran ) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jagdish Nagar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/02/2025 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.190/2024 registered at Police Station Kelwara (Baran), District Baran for the offences punishable under Sections 115(2), 126(2) & 3(5) of BNS. Investigation is being conducted for the offences punishable under Sections 115(2), 126(2), 118(1), 118(2) & 3(5) of BNS. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that the cross-cases have been registered between the parties. He submits that alleged offences are triable by Magistrate. It is submitted that none of the injuries [2025:RJ-JP:4606] (2 of 3) [CRLMB-15393/2024] sustained to injured person has been opined as dangerous to life. Petitioners are in custody since 21.11.2024. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners. 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 both the parties, especially the fact that alleged offences are triable by Magistrate; charge-sheet has been filed; looking to the nature of injuries as well as custody period, 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-petitioners – 1) Babu S/o Kashiram & 2) Buddha S/o Kashiram, 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. 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail. If this condition is reported or come to the notice of the Court, the same shall [2025:RJ-JP:4606] (3 of 3) [CRLMB-15393/2024] alone be a reason for the trial court to cancel the bail granted to them by this Court. 8. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /136