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2025 DAILYLAW 34449 (RAJ)

AJJO @ AJAY S/O DHORE @ DHARMSINGH v. STATE OF RAJASTHAN

CRLMB/15658/2024 · 2025-02-07

Anil Kumar Upman

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Judgment text

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[2025:RJ-JP:5591] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15658/2024 1. Ajjo @ Ajay S/o Dhore @ Dharmsingh, Aged About 32 Years, 2. Bhagat Singh S/o Gulab Singh, Aged About 49 Years, Both R/o Village Sundarawali Police Station Nagar District Deeg. At Present In Sub Jail, Deeg. ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Harendra Singh, Adv. For Respondent(s) : Ms. Arti Sharma, PP and Mr. Anoop Pareek, Adv., with Mr. Pranav Pareek, Adv., for complainant. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/02/2025 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.256/2024 registered at Police Station Nagar, District Deeg for the offences punishable under Sections 189(2), 115(2), 126(2), 125 and 351(3) of BNS, 2023. Later on, Police has filed charge-sheet in this matter for the offences punishable under Sections 115(2), 126(2), 125, 110, 118(1), 118(2), 190, 191(2), 191(3), 351(2), 351(3) and 109(1) of BNS, 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. [2025:RJ-JP:5591] (2 of 3) [CRLMB-15658/2024] According to the medical opinion, injury No.1 on the head of the injured – Jitendra has been opined as dangerous to life and same has been attributed to the co-accused – Vakil. Counsel further submits that according to the X-Ray report dated 04.10.2024 of other injured person namely-Jagat, all six injuries were opined as simple in nature but on 19.10.2024, injury no.1 was opined as dangerous to life for which no fresh material was available with the medical expert to give different opinion. He further argues that there are no criminal antecedents against the petitioners, charge- sheet has already been filed and trial of the case will take considerable time. He contends that the petitioners are in custody since 06.11.2024 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. 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 petitioner as also looking to the material available on record in the form of charge-sheet as well as allegation against the petitioners; also further considering the nature of injuries; absence of criminal antecedents and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. [2025:RJ-JP:5591] (3 of 3) [CRLMB-15658/2024] 6. This bail application is accordingly allowed and it is directed that accused-petitioners – 1. Ajjo @ Ajay S/o Dhore @ Dharmsingh and 2. Bhagat Singh S/o Gulab Singh 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/128