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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 705/2025 Kailash S/o Moolchand, Aged About 50 Years, R/o Village Mandavara, P.s. Aligarh, District Tonk (Rajasthan) (At Present Confined In District Jail, Tonk) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. N.K. Tiwari For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/01/2025
1. Petitioner has filed this bail application under Section 483 of BNSS. 2. F.I.R. No. 130/2024 was registered against the petitioner at Police Station Aligarh, District Tonk for the offences punishable under Sections 323, 341, 325, 342 & 307 of IPC. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel further submits that it is apparent from the statement of the injured that at the time of alleged incident, he was in drunken condition and abusing with the petitioner and on this count, incident took place wherein certain injuries were sustained to him. Counsel submits that initially all the injuries were grievous in nature but later on injury No.7 has been opined as dangerous to
(2 of 3) [CRLMB-705/2025] life without there being any further material. It is contended that there are no criminal antecedents of the petitioner. Petitioner is in custody since 18.12.2024 and trial will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that injury No.7 is life threatening injury. 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, especially the manner in which, incident took place as narrated by the injured himself; absence of criminal antecedents; the petitioner is in custody since 18.12.2024 and trial will take time in its conclusion but without commenting anything on merits and 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-petitioner- Kailash S/o Moolchand shall be released on bail provided he 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 he 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. 8. The observation made hereinabove is only for decision of the
(3 of 3) [CRLMB-705/2025] instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J ANAND TANWAR /198