HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16195/2024 1. Imran S/o Shri Nasroodeen, R/o Bibipur, Police Station Tapukda, District Khairthal Tizara, Rajasthan (Presently Confined At Sub Jail Kishangarh Bas District Alwar). 2. Sube Khan S/o Ratti Khan, R/o Bibipur, Police Station Tapukda, District Khairthal Tizara, Rajasthan (Presently Confined At Sub Jail Kishangarh Bas District Alwar). 3. Mushtak S/o Shri Ayub Khan, R/o Bibipur, Police Station Tapukda, District Khairthal Tizara, Rajasthan (Presently Confined At Sub Jail Kishangarh Bas District Alwar). 4. Sahid @ Mulli S/o Shri Saddeek, R/o Bibipur, Police Station Tapukda, District Khairthal Tizara, Rajasthan (Presently Confined At Sub Jail Kishangarh Bas District Alwar). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rahul Tiwari For Respondent(s) : Ms. N.S. Dhakar, PP Mr. R.R. Goyal, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/01/2025 1. Petitioners have filed this bail application under Section 483 of BNSS. 2. F.I.R. No. 345/2024 was registered at Police Station Tapukda, District Bhiwadi for the offences punishable under Sections 115(2), 126(2), 191(2), 191(3), 190 & 109(1) of BNS. (2 of 4) [CRLMB-16195/2024] 3. Learned counsel for the petitioners submits that the accused petitioners have falsely been implicated in this case. Cross-cases inter se between the parties have been registered. Counsel submits that as a matter of fact there is a land dispute going on between the parties in which status quo order has been passed. The said land is in possession of the petitioners. Learned counsel submits that the allegation of causing head injury with farsi is against Imran but as per injury report, same has been opined as simple in nature, caused by blunt weapon. He further submits that except injury on ribs and elbow, all other injuries are simple in nature and none of the injury caused to injured Sharif has opined as dangerous to life. The petitioners are in custody since 04.12.2024 and trial will take considerable time. Counsel contends that further custody of the petitioners would not serve any fruitful purpose. He thus, prays that the accused petitioners may be released on bail. 4. Learned Public Prosecutor assisted by learned counsel for the complainant has vehemently oppose the bail application. They submits that there is serious allegations against the petitioners. He further submits that the petitioners have criminal antecedents which is evident from the impugned order. He submits that there is allegation against Imran to cause sharp injury by ‘Farsi’ on the head of injured Sarif Khan. However, he fairly concedes that in X- ray report, said injury was simple in nature and opined to be caused by blunt weapon. 5. I have considered the contentions. (3 of 4) [CRLMB-16195/2024] 6. Injured Sharif Khan sustained two fractures in his ribs. The allegation of hitting sariya blow on the ribs of the injured Sharif Khan is against the accused Sube Khan. Apart from that, four criminal cases have been shown to be registered against him. Thus, considering these facts, I am not inclined to enlarge the petitioner Sube Khan on bail. Accordingly, this application is dismissed to the extent of petitioner No.2 Sube Khan. 7. As far as other accused petitioners Nos.1, 3 & 4 are concerned, having regard to the totality of the facts and circumstances of the case and considering the arguments advanced by learned counsel for the parties, especially the fact that except ribs fracture (which is attributed to accused Sube Khan), all other injuries are simple in nature and none of the injury was opined to be dangerous to life; they are in custody and trial will take time in its conclusion but without commenting anything on merits or demerits of the case, I deem it proper to allow the bail application. 8. This bail application is partly allowed and it is directed that accused-petitioners- Imran S/o Shri Nasroodeen, Mushtak S/o Shri Ayub Khan and Sahid @ Mulli S/o Shri Saddeek, 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, (4 of 4) [CRLMB-16195/2024] on all subsequent dates of hearing and as and when called upon to do so. 9. The observations made hereinabove is only for decision of this bail application and would not have any impact on the trial in any manner. (ANIL KUMAR UPMAN),J ANAND TANWAR /103