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2025 DAILYLAW 37382 (RAJ)

JAINARAYAN @ JIYA S/O SHRI CHHOTELAL v. STATE OF RAJASTHAN

CRLMB/9499/2025 · 2025-08-06

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:30708] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9499/2025 1. Jainarayan @ Jiya S/o Shri Chhotelal, Aged About 45 Years, R/o Kalwa Ki Dhani, Tan Ukeri, Police Station Reni, District Alwar (Raj.) (Accused Petitioner Is Presently Confined In Sub Jail Rajgarh, District Alwar). 2. Ramkesh S/o Jainarayan @ Jiya, Aged About 25 Years, R/o Kalwa Ki Dhani, Tan Ukeri, Police Station Reni, District Alwar (Raj.) (Accused Petitioner Is Presently Confined In Sub Jail Rajgarh, District Alwar). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Arvind Bhura Mr. Ajay Saini For Respondent(s) : Ms. Manju Dave, PP Mr. Mohar Pal Meena for complainant HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the petitioners-accused 1. Jainarayan @ Jiya S/o Shri Chhotelal and 2. Ramkesh S/o Jainarayan @ Jiya in FIR No.124/2025 registered at P.S. Raini, District - Alwar, whereby the applicant-accused has charged under Sections Sections 115(2), 126(2), 117(2) and Section 109(1) of BNS, 2023. 2. Learned counsel for the petitioners relying upon grounds raised in bail application submits that the petitioners are innocent and falsely implicated in the present case. Learned [2025:RJ-JP:30708] (2 of 3) [CRLMB-9499/2025] counsel for the petitioners submits that the complainant is not an eye-witness who registered a case on basis of hearsay information and he named several persons in committing assault. He further submits that no specific attribution of injury is made upon any of petitioners. He further submits that this is a false, fabricated and concocted case wherein both the petitioners accused were falsely framed. He further submitted that injured was walking on streets of village and he has not suffered any grievous injury. At last, he submitted that one of the criminal case shown against Jai Narayan has been decided and he has been acquitted. 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for the complainant. 4. Learned counsel for the complainant has submitted that only two persons were arrested in the entire assault and injury No.1 is found as dangerous to life. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the record. 6. A report has been registered on complaint of assault by several persons. During investigation injury report of injured is prepared and opinion about injury No.1 is obtained. As per opinion, injury No.1 is found as grievous in nature as caused by blunt weapon and the same is opined as dangerous to life. One case against Jai Narayan has been disposed. 7. Upon hearing the arguments and perusing the record, we have found that the petitioners-accused are no more required and they are in custody for quite some time. The [2025:RJ-JP:30708] (3 of 3) [CRLMB-9499/2025] further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the petitioners- accused. 8. Thus, the instant bail application filed on behalf of petitioners-accused is hereby allowed and the petitioners- accused 1. Jainarayan @ Jiya S/o Shri Chhotelal and 2. Ramkesh S/o Jainarayan @ Jiya is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The petitioners-accused shall not tamper with evidence or influence the witness in any manner. (ii) The petitioners-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioners-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the petitioners-accused shall be liable to be cancelled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/276