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2025 DAILYLAW 35372 (RAJ)

KAMAL S/O GIRRAJ v. STATE OF RAJASTHAN

CRLMB/16244/2024 · 2025-01-09

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:1268] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16244/2024 1. Kamal S/o Girraj, Aged About 30 Years, R/o Kishanpura, Police Station Nahargarh, District Baran (Rajasthan). (At Present Confined In District Jail Baran) 2. Kaushal S/o Akhraj, Aged About 26 Years, R/o Kishanpura, Police Station Nahargarh, District Baran (Rajasthan). (At Present Confined In District Jail Baran) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Shiv Pratap Singh Rajawat Mr. Abhimanyu Singh Sandu For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/01/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.148/2024 registered at Police Station Nahargarh (Baran), District Baran (Raj.) for the offences punishable under Sections 115(2), 126(2), 189(2) & 110 of BNS. Investigation is being conducted for the offences punishable under Sections 115(2), 117(2), 126(2), 110 & 3(5) of BNS in this matter. 2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Counsel submits that there is no allegation against the petitioners to cause any injury on the person of the injured Mor Singh who was sustained grievous injuries. Counsel submits that there are omnibus [2025:RJ-JP:1268] (2 of 2) [CRLMB-16244/2024] allegations against the petitioners. Counsel further submits that there are no criminal antecedents of the petitioners. Petitioners are in custody since 11.12.2024 and trial will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. 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, as also the fact that allegation to cause grievous injuries is against the other co-accused person; absence of criminal antecedents of the petitioners; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Kamal S/o Girraj & Kaushal S/o Akhraj 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 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 LALIT MOHAN /107