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2025 DAILYLAW 34480 (RAJ)

PRAHLAD YADAV S/O DEVARAM v. STATE OF RAJASTHAN

CRLMB/15655/2024 · 2025-01-07

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:777] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15655/2024 Prahlad Yadav S/o Devaram, Aged About 60 Years, Resident of Pachar Road, Ward No. 33, Pachar Road, Ki. Renwal, Police Station Renwal, District Jaipur (Raj.) (At Present In Sub Jail Sambhar Lake, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajendra Yadav For Respondent(s) : Mr. N.S. Dhakar, Public Prosecutor Mr. Ashvin Garg, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/01/2025 1. The instant bail application has been filed under Section 483 of BNSS-2023 on behalf of the petitioner, who has been arrested in connection with FIR No.311/2024 registered at Police Station Renwal, District Jaipur Rural, for the offences under Sections 189(2), 115(2), 126(2), 333 & 303(2) of BNS, 2023. During investigation, offences under Sections 189(2), 191(1), 190 115(2), 117(2), 333, 109 & 126(2) of BNS, 2023 have been found proved against the petitioner. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel further submits that omnibus allegations have been levelled against the petitioner in the FIR. No specific role has been attributed to the petitioner. Learned counsel further submits [2025:RJ-JP:777] (2 of 3) [CRLMB-15655/2024] that out of six injuries sustained to the injured, only one is grievous in nature and it is also on non vital part of the body. Remaining injuries are simple in nature. Learned counsel submits that there is land dispute between the parties. The petitioner is aged about 60 years. The injured has already been discharged from the hospital on 21.11.2024. There is no criminal antecedents against the petitioner. Learned counsel further submits that the petitioner is in custody since 30.11.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the submissions made by learned counsel for petitioner. Learned counsel for the complainant submits that an attack was launched upon the victim, when he was on his medical shop and he was brutally beaten up and he sustained six injures. 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, especially the fact that except one injury, all injuries are simple in nature and the grievous injury was found on the non vital part of the body; considering the period of custody of the petitioner and absence of criminal antecedent of petitioner, 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-petitioner-Prahlad Yadav S/o Devaram, shall be [2025:RJ-JP:777] (3 of 3) [CRLMB-15655/2024] released on bail provided he 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 he 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. The observation made hereinabove is only for decision of the instant bail application and will not effect trial in any manner. (ANIL KUMAR UPMAN),J MR/317