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2025 DAILYLAW 37479 (RAJ)

BUNTY KUMAR S/O DHARMENDRA KUMAR v. STATE OF RAJASTHAN

CRLMB/16498/2025 · 2025-12-19

Ravi Chirania

body2025

Judgment text

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[2025:RJ-JP:51704] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16498/2025 1. Bunty Kumar S/o Dharmendra Kumar, Aged About 19 Years, R/o Gram Kankradungar, Police Station Lakheri, District Bundi (Raj.) 2. Rupesh S/o Rambilas, R/o Gram Kankradungar, Police Station Lakheri, District Bundi (Raj.) 3. Rambilas S/o Hiralal, R/o Gram Kankradungar, Police Sta- tion Lakheri, District Bundi (Raj.) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr.Rajendra Singh Tanwar For Respondent(s) : Mr.Vijay Singh Yadav, P.P. HON'BLE MR. JUSTICE RAVI CHIRANIA Order 19/12/2025 1. The instant bail application has been filed by the applicants Bunty Kumar S/o Dharmendra Kumar, Rupesh S/o Rambilas and Rambilas S/o Hiralal, in connection with the FIR bearing No.192/2025 dated 24.10.2025 for the offences punishable under Sections 115(2), 126(2), 110, 3(5) of B.N.S. The bail application of the applicants was rejected by the Additional Sessions Judge No.1, Bundi, vide order dated 15.11.2025, thereafter, the applicants have preferred this bail application under Section 483 B.N.S.S. 2. Learned counsel submits that the entire incident took place on a sudden altercation, on account of the construction material [2025:RJ-JP:51704] (2 of 3) [CRLMB-16498/2025] lying close to the house of the complainant. The applicant and the complainant are neighbors and have no previous enmity, however, the alleged incident took place because of the sudden altercation. Learned counsel further submits that the present case arises from a cross FIR lodged as a counterblast to the FIR bearing No.189/2025 dated 23.10.2025 for the similar allegations, as lodged by the Police. In view of the above facts, learned counsel prayed that the accused-applicants be enlarged on bail. 3. Learned Public Prosecutor strongly opposed the bail applica- tion by submitting that the injured Kailash suffered serious injuries on the head as pointed out from the injury report enclosed with the case diary. He further submits that the injuries have been assigned to the accused-applicant Rambilas and, therefore, seriously opposed the bail application. 4. Considering the overall facts and circumstances of the case, this Court finds that the applicants and the complainant are neighbors and have no previous enmity and the incident took place on a sudden altercation in respect of the construction material lying close to the house of the accused-applicant, however, there was no other dispute between them. 5. Considering the nature of the allegations and noticing the fact that the injuries have been assigned to the petitioner No.3 Ramvilas, this Court is inclined to enlarge the accused-applicant Nos.1 & 2 Bunty Kumar S/o Dharmendra Kumar and Rupesh S/o Rambilas on bail. 6. Accordingly, the bail application filed under Section 483 B.N.S.S. is allowed and it is directed that accused-applicant Nos.1 & 2 Bunty Kumar S/o Dharmendra Kumar and Rupesh S/o [2025:RJ-JP:51704] (3 of 3) [CRLMB-16498/2025] Rambilas respectively shall be released on bail, provided each of them executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satis- faction of learned trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial. The applicants are further directed not to take undue advantage of liberty or misuse liberty. It is made clear that the observation as made by this Court in the bail application will not affect the trial of the case. 7. As far as the accused-applicant No.3 Rambilas is concerned, his bail application in view of the allegations as discussed, is dismissed at this stage with liberty to file fresh bail application with change in circumstances. (RAVI CHIRANIA),J Monika/238