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2025 DAILYLAW 36656 (RAJ)

GULSHER v. STATE OF RAJASTHAN

CRLMB/15547/2024 · 2025-01-10

Kuldeep Mathur

body2025

Judgment text

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[2025:RJ-JD:1764] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15546/2024 Satish Khemada S/o Harish Kumar Khemada, Aged About 29 Years, R/o D-2/40, Labour Colony, Bhilwara,p.s. Pratapnagar, Dist Bhilwara, Raj. (At Present Lodged In Dist Jail Bhilwara) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15547/2024 Gulsher S/o Murad Khan, Aged About 30 Years, R/o 3/55 Labour Colony, Bhilwara P.s. Pratapnagar, Dist Bhilwara Raj. (At Present Lodged In Dist Jail Bhilwara) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Deepak Menaria. For Respondent(s) : Mr. Urja Ram Kalbi, PP. HON'BLE MR. JUSTICE KULDEEP MATHUR Order 10/01/2025 These applications for bail under Section 483 of BNSS (439 Cr.P.C.) have been filed by the petitioners who have been arrested in connection with F.I.R. No.644/2024 registered at Police Station Pratap Nagar, District Bhilwara, for offences under Sections 126(2), 115(2) and 109(1) of BNS. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record. [2025:RJ-JD:1764] (2 of 3) [CRLMB-15546/2024] Learned counsel for the petitioners submitted that in the alleged incident, which occurred on 16.10.2024, the injuries allegedly inflicted by the present petitioners upon the injured persons are simple in nature. Learned counsel submitted that the petitioners are in judicial custody; challan has already been filed and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners. Per contra, learned Public Prosecutor has opposed the bail applications. However, he was not in a position to refute the fact that the injuries allegedly inflicted by the present petitioners upon the injured persons are simple in nature. 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. Consequently, these bail applications under Section 483 of BNSS (439 Cr.P.C.) are allowed. It is ordered that the accused- petitioners (1) Satish Khemada S/o Harish Kumar Khemada and (2) Gulsher S/o Murad Khan arrested in connection with F.I.R. No.644/2024 registered at Police Station Pratap Nagar, District Bhilwara, 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. [2025:RJ-JD:1764] (3 of 3) [CRLMB-15546/2024] 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. A copy of this order be placed in each file. (KULDEEP MATHUR),J 51-52-Tikam/-