Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 34800 (RAJ)

VIKAS KUMAWAT S/O KAILASHCHAND KUMAWAT v. STATE OF RAJASTHAN

CRLMB/15936/2024 · 2025-01-13

Anil Kumar Upman

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:1884] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15109/2024 Kailashchand S/o Sh. Magnaram, Aged About 51 Years, R/o Badhiwalon Ki Dhani, Gopalpura, Police Station Maujmabad District Dudu, Rajasthan. (At Present Confined In Sub Jail Sambharlek District Jaipur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15936/2024 1. Vikas Kumawat S/o Kailashchand Kumawat, Aged About 26 Years, R/o Badhiwalo Ki Dhani, Gopalpura, Police Station Maujmabad District Dudu, Rajasthan. 2. Keshavchand S/o Magnaram, Aged About 44 Years, R/o Badhiwalo Ki Dhani, Gopalpura, Police Station Maujmabad District Dudu, Rajasthan. 3. Rahul Kumawat S/o Sh. Keshavchand Kumawat, Aged About 22 Years, R/o Badhiwalo Ki Dhani, Gopalpura, Police Station Maujmabad District Dudu, Rajasthan. (All Are At Present Confined In Sub Jail Sambharlake District Jaipur). ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 16067/2024 1. Puranmal S/o Magnaram, Aged About 60 Years, R/o Badiwalon Ki Dhanui, Gopalpura, P.S. Mojmabad District Dudu (Raj.). 2. Narendra Kumawat S/o Gopal Lal Kumawat, Aged About 25 Years, R/o Nadawali Dhani, Aidan Ka Bas, P.S. Renwal, District Jaipur (Raj.). (Presently Confined In Sub Jail Sambhar Lake) ----Accused-Petitioners [2025:RJ-JP:1884] (2 of 4) [CRLMB-15109/2024] Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anil Kumar Poonia, Adv., and Mr. Ashvin Garg, Adv., with Mr. Nonit Hatela, Adv. For Respondent(s) : Mr. Devi Singh, PP and Mr. Rakesh, Adv., on behalf of Mr. Dinesh Pareek, Adv., for complainant. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/01/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.375/2024 Police Station Maujmabad, District Dudu for the offences punishable under Sections 115(2), 126(2), 189(2), 303(2) and 333 of BNS, 2023. Later on, Police has filed charge-sheet in this matter for the offences punishable under Sections 115(2), 126(2), 303(2), 109(1), 117(3), 351(2), 191(2) and 191(3) of BNS, 2023. 2. It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. Learned counsel submit that cross-cases have been registered between the parties on account of land dispute. They further submit that both the parties have been sustained injuries. They argue that except one injury, all injuries were found simple in nature and one injury on the index finger of the Mohan Lal was found grievous in nature and caused by blunt object. They further argue that although [2025:RJ-JP:1884] (3 of 4) [CRLMB-15109/2024] injury No.1-Ramphul has been opined as may be dangerous to life, but said injury was found simple in nature caused by blunt object. They contend that charge-sheet has already been filed and trial of the case will take considerable time. They further contend that the petitioners are in custody since their date of arrest 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. Learned Public Prosecutor submits that injury No.1-Ramphul has been opined as may be dangerous to life and there is amputation of distal phalanges of left index finger. 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, especially the fact that there is land dispute between the parties and cross-cases have been registered between the parties; nature of injuries and trial will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1. Kailashchand S/o Sh. Magnaram, 2. Vikas Kumawat S/o Kailashchand Kumawat, 3. Keshavchand S/o Magnaram, 4. Rahul Kumawat S/o Sh. Keshavchand Kumawat, 5. Puranmal S/o Magnaram and 6. [2025:RJ-JP:1884] (4 of 4) [CRLMB-15109/2024] Narendra Kumawat S/o Gopal Lal Kumawat 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/109-111