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2025 DAILYLAW 35132 (RAJ)

MUNIKESH S/O RAM BHAROSI @ BHAROSI v. STATE OF RAJASTHAN

CRLMB/16107/2024 · 2025-03-06

Anil Kumar Upman

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:10455] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16107/2024 1. Munikesh S/o Ram Bharosi @ Bharosi, Aged About 36 Years, R/o Udai Khurd, P.s. Piloda Distt. Gangapur City (Raj.) (Accused Presently Confined At Central Jail Gangapur City) 2. Rishikesh S/o Ram Bharosi @ Bharosi, Aged About 38 Years, R/o Udai Khurd, P.s. Piloda Distt. Gangapur City (Raj.) (Accused Presently Confined At Central Jail Gangapur City) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pallav Sharma For Respondent(s) : Mr. M.S. Shekhawat, PP Ms. Shreya Hatila for Mr. Anurag Sharma, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 06/03/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.110/2024 registered at Police Station Piloda, District Gangapur City for the offences under Sections 189(2), 115(2) & 126(2) of BNS. Investigation is being conducted for offences punishable under Sections 115(2), 126(2), 118(1), 118(2), 117(1), 109 & 3(5) of BNS. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that cross cases have been registered [2025:RJ-JP:10455] (2 of 3) [CRLMB-16107/2024] between the parties. It is submitted that presently, petitioners have no criminal antecedents and they are in custody since 15.11.2024 & 17.11.2024 respectively. Further custody of the petitioners would not serve any fruitful purpose. Charge-sheet has been filed and trial will take time in its conclusion. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by the learned counsel for the petitioners. 4. Learned counsel for the complainant submits that there is specific allegation against the petitioners to cause injury on the head of injured by sharp edged weapon. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, as also considering the material available on record in the form of charge-sheet and the fact that cross cases have been registered between the parties; injury sustained to injured as well as looking to the period of custody, but without commenting upon the merits/demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioners – (1) Munikesh S/o Ram Bharosi @ Bharosi, & (2) Rishikesh S/o Ram Bharosi @ Bharosi, 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 [2025:RJ-JP:10455] (3 of 3) [CRLMB-16107/2024] 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. (ANIL KUMAR UPMAN),J CHARU SONI /70