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2025 DAILYLAW 34544 (RAJ)

RAEES KHAN S/O SH. KALU KHAN v. STATE OF RAJASTHAN

CRLMB/15890/2024 · 2025-02-07

Anil Kumar Upman

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Judgment text

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[2025:RJ-JP:5511] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14907/2024 Ramesh Yogi S/o Shri Battulal, Aged About 45 Years, R/o Aakhawada, Police Station Balaghat, District Gangapur City, Rajasthan. (Presently Languishing In District Jail Jhunjhunu). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15296/2024 Tejaram @ Teju Son Of Magyaram, R/o Khareda,police Station Wajirpur, District Gangapur City (Raj.) ( At Present District Jail, Jhunjhunu) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 15890/2024 Raees Khan S/o Sh. Kalu Khan, Aged About 52 Years, R/o B-95, Shanti Nagar, In Front Of Madina Masjid, Amer, Police Station Jai Singhpura-Khor, Jaipur (North), (Raj.) (Presently The Accused Is In J.c. At Distt. Jail Jhunjhunu). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jai Kishan Yogi Mr. Yenu Satyan Mr. Babulal Jogi Mr. Neeraj Joshi For Respondent(s) : Mr. J.P. Tiwari, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/02/2025 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.626/2024 registered at Police Station [2025:RJ-JP:5511] (2 of 3) [CRLMB-14907/2024] Kotwali Jhunjhunu, District Jhunjhunu (Rajasthan) for the offences punishable under Sections 115(2), 126(2) & 140(3) of BNS. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 115(2), 126(2), 140(3), 109(1), 318(4), 316(2), 117(2) & 191(2) of BNS. 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submits that entirely different story from the FIR has been narrated by the victim/injured in his statement. Counsel submits that according to the FIR and statement of the victim, he was brutally beaten up by the accused-petitioners but injury report shows that only one injury was found on the head of the injured. Counsel submits that the said injury was not opined as dangerous to life and according to the X-ray report, same was found grievous in nature. Petitioners Ramesh Yogi & Tejaram @ Teju are in custody since 04.11.2024 and petitioner Raees Khan is in custody since 15.11.2024 and trial will take considerable time in its conclusion. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by 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 petitioners, as also considering the material available on record in the form of charge-sheet; custody period of the petitioners and trial will take considerable time in its conclusion, [2025:RJ-JP:5511] (3 of 3) [CRLMB-14907/2024] but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners Ramesh Yogi S/o Shri Battulal, Tejaram @ Teju Son Of Magyaram & Raees Khan S/o Sh. Kalu Khan 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. The observation made hereinabove is only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN), J LALIT MOHAN /101-103