Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 36574 (RAJ)

BHAGWANA RAM v. STATE OF RAJASTHAN

CRLMB/15305/2024 · 2025-01-15

Kuldeep Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JD:2748] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15819/2024 1. Tilokaram S/o Bhikha Ram, Aged About 37 Years, R/o Sanwalnagar (Ramdevara), Aamla, Police Station Phalodi, Dist. Phalodi. (Presently In Judicial Custody At Sub Jail Phalodi) 2. Girdhari Ram S/o Prahlad Ram, Aged About 41 Years, R/o Sanwalnagar (Ramdevara), Aamla, Police Station Phalodi, Dist. Phalodi. (Presently In Judicial Custody At Sub Jail Phalodi) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15305/2024 Bhagwana Ram S/o Mangla Ram, Aged About 40 Years, R/o Rupana Jetana, P.s Lohawat, Dist Phalodi (Raj) ()Presently In Judicial Custody At Sub Jail Phalodi) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. A.R. Godara Mr. Foja Ram For Respondent(s) : Mr. Hathi Singh Jodha, P.P. HON'BLE MR. JUSTICE KULDEEP MATHUR Order 15/01/2025 1. These applications for bail under Section 483 BNSS (Section 439 Cr.P.C.) have been filed by the petitioners who have been arrested in connection with F.I.R. No.123/2024 registered at Police [2025:RJ-JD:2748] (2 of 3) [CRLMB-15819/2024] Station Dechu, District Phalodi, for the offences punishable under Sections 126(2), 115(2), 109(1), 118(1), 74, 189(2) of BNS. 2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record. 3. Drawing attention of the Court towards the FIR and the statements of the injured – Oma Ram, learned counsel for the petitioners submitted that the petitioners have not been named in the FIR. Learned counsel for the petitioners further submitted that in the alleged incident, which occurred on 22.10.2024, the injuries caused to the injured – Oma Ram are though grievous in nature but not dangerous to life. 4. Lastly, learned counsel for the petitioners submitted that the petitioners are in judicial custody; the challan against the petitioners has already been filed and the trial of the case will take sufficiently long time to be concluded, therefore, the benefit of bail may be granted to the accused-petitioners. 5. Per contra, learned Public Prosecutor has vehemently opposed the bail applications, however, he was not in a position to refute the fact that the injuries allegedly caused to the injured – Oma Ram in the alleged incident, which occurred on 22.10.2024, by the petitioners are though grievous in nature but not dangerous to life. 6. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail applications filed by the petitioners deserve to be accepted. [2025:RJ-JD:2748] (3 of 3) [CRLMB-15819/2024] 7. Consequently, these bail applications under Section 483 BNSS (Section 439 Cr.P.C.) are allowed. It is ordered that the accused-petitioners (1) Tilokaram S/o Bhikha Ram, (2) Girdhari Ram S/o Prahlad Ram and (3) Bhagwana Ram S/o Mangla Ram arrested in connection with F.I.R. No.123/2024 registered at Police Station Dechu, District Phalodi, shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial Court, for their appearance before that Court on each & every date of hearing and whenever called upon to do so till completion of the trial. 8. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial Court shall not get prejudiced by the same. (KULDEEP MATHUR),J 97-98/AnilKC/-