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2025 DAILYLAW 34579 (RAJ)

BRAHMA S/O SHRI LAKHANSINGH v. STATE OF RAJASTHAN

CRLMB/15735/2024 · 2025-01-02

Praveer Bhatnagar

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Judgment text

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[2025:RJ-JP:122] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15735/2024 1. Brahma S/o Shri Lakhansingh, R/o Rohar, Police Station Masalpur, District Karauli. 2. Ramjeet S/o Shri Sunnu, R/o Shankarpur, Police Station Masalpur, District Karauli. 3. Bhura @ Gaurav S/o Shri Lakhansingh, R/o Rohar, Police Station Masalpur, District Karauli. 4. Sethiram S/o Shri Hukmi, R/o Khandeep, Police Station Wazirpur, District Gangapur City. (The Accused-Petitioners Presently Confined In District Jail Karauli.) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 02/01/2025 1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of the accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.243/2024 registered at Police Station Masalpur, District Karauli for the offence(s) under Sections 121(1), 132, 109(1), 189(2), 303(2) & 117(2) of B.N.S. and Sections 29/50 & 51 of the Wild Life (Protection) Act, 1972 and Section 41/42 of Rajasthan Forest Act, 1953. 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. He further submits that prima facie the offence under Section 109(1) of B.N.S. is not made out against the accused-petitioners. It is also contended that the injuries sustained to injured ASI Gambhir Singh at his left toe is not dangerous to life, whereas it is alleged [2025:RJ-JP:122] (2 of 2) [CRLMB-15735/2024] against the accused-petitioners that they attempted to run over the tractor on ASI Gambhir Singh. It is also contended that there are no criminal antecedents against the accused-petitioners. The accused-petitioners are in judicial custody since long and trial/investigation of the case may take considerable time, therefore, the bail application of the accused-petitioners may be allowed. 3. Learned Public Prosecutor vehemently opposes the bail application. 4. Heard and perused the material available on record. 5. It is not desirable to express anything on merits of the case. Considering the long incarceration of the accused-petitioners and probable time to conclude the trial, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail applications under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioners namely: (1) Brahma S/o Shri Lakhansingh, (2) Ramjeet S/o Shri Sunnu, (3) Bhura @ Gaurav S/o Shri Lakhansingh, & (4) Sethiram S/o Shri Hukmi in connection with FIR No.243/2024 registered at Police Station Masalpur, District Karauli 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. (PRAVEER BHATNAGAR),J DEEPA RANI -98