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[2025:RJ-JP:1322] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15671/2024
1. Ramnaresh S/o Sughri, Aged About 32 Years, R/o Village Juare Pura Kasba Nagar, Police Station Basaidang, District Dholpur.
2. Akash S/o Sarojan Singh, Aged About 27 Years, R/o Saimar Ka Pura, Police Station Kanchanpur, District Dholpur.
3. Surajsingh S/o Sarojan Singh, Aged About 30 Years, R/o Saimar Ka Pura, Police Station Kanchanpur, District Dholpur.
4. Tarjan Singh @ Dablu S/o Ramveer, Aged About 40 Years, R/o Saimar Ka Pura, Police Station Kanchanpur, District Dholpur. (all the accused-petitioners at present confined In District Jail Dholpur). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajeev Kumar Sogarwal, Adv. For Respondent(s) : Mr. Shri Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 09/01/2025
1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.329/2024, registered at Police Station Badi, District Dholpur, for the offence(s) under Sections 189(2), 115(2), 126(2), 125, 352, 351(2), 351(3) and 303(2) of B.N.S.
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2.
Learned counsel for the petitioners submits that the accused- petitioners have falsely been implicated in this case. It is argued that the accused-petitioners Ramnaresh and Akash have not been named in the FIR. The FIR itself is exaggerated, the allegations levelled against the petitioners No.3-Surajsingh and No.4-Tarjan Singh are omnibus in nature, there is no grievous injury on the vital parts of the injured Shailendra Kumar and Than Singh, there is no opinion of the doctor that the injuries caused to the injured Shailendra Kumar and Than Singh were dangerous to life, injured Shailendra Kumar has received fracture in his tibia and fibula bone. It is also contended that the cross FIR was also lodged by the accused-petitioners against the complainant-party. In the FIR, it is alleged that the fire arm was used, but there was no recovery of any cartridge or fire arm from the possession of the accused- petitioners. The case under Section 109(2) of B.N.S. is not made out against the present accused-petitioners. The accused- petitioners are in custody since 29.11.2024 and trial of the case may take considerable time, therefore, the bail application of the accused-petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application and submitted that the injured Shailendra Kumar has received 10 injuries and injured Than Singh has received 8 injuries and due to injuries caused to injured Shailendra Kumar his tibia and fibula bone was fractured, therefore, considering the nature of injuries caused to injured Shailendra Kumar and Than Singh, the bail application of the accused-petitioners may be dismissed. 4. Heard and perused the material available on the record. [2025:RJ-JP:1322] (3 of 4) [CRLMB-15671/2024]
5. It is not desirable to express anything on the merits of the case, the allegations against the accused-petitioners No.3- Surajsingh and No.4-Tarjan Singh are omnibus in nature. No fire arm was recovered from the possession of the accused- petitioners, in the FIR, it is alleged that fire arm was used.
The injuries sustained to injured Than Singh and injured Shailendra Kumar were not opined to be dangerous to life, the grievous injuries caused to injured Shailendra Kumar at his leg and not on the vital parts of the body, therefore, considering the above facts and taking into consideration that the accused-petitioners are in custody since 29.11.2024 and trial of the case may take considerable time, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioners, namely; 1. Ramnaresh S/o Sughri, 2. Akash S/o Sarojan Singh, 3. Surajsingh S/o Sarojan Singh and 4. Tarjan Singh @ Dablu S/o Ramveer, in connection with FIR No.329/2024, registered at Police Station Badi, District Dholpur, shall be enlarged on bail provided each of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. 7. The accused-petitioner No.4-Tarjan Singh @ Dablu is also
directed to mark his presence on 25th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the
[2025:RJ-JP:1322] (4 of 4) [CRLMB-15671/2024] accused-petitioner No.4-Tarjan Singh @ Dablu to the trial Court, every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the accused-petitioner No.4 Tarjan Singh @ Dablu for cancellation of the bail before the concerned Court.
(PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-69