[2025:RJ-JP:13775] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 783/2025 Roshan S/o Fateh Mohammad, Aged About 46 Years, R/o Village Bahadurpur, Police Station Jurhera, District Deeg, Rajasthan. (Currently In Sub Jail Deeg, Rajasthan). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Beri Singh Sinsinwar, Sr. Adv. with Mr. Shivam Mr. Mohanlal For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 26/03/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.328/2024 registered at Police Station Jurhera, District Deeg (Raj.) for the offences punishable under Sections 115(2), 126(2), 351(3) & 3(5) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. Later on, police filed charge-sheet in this matter for the offences punishable under Section 115(2), 126(2), 352, 118(2) & 109(1) of BNS, 2023. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that cross cases have been registered between the parties as alleged incident took place on 15.09.2024 and FIR No.325/2024 came to be registered at Police Station Jurhera, District Deeg against the [2025:RJ-JP:13775] (2 of 3) [CRLMB-783/2025] complainant party on 16.09.2024 i.e., on the very next day of the alleged incident thereafter, on 19.09.2024 impugned FIR came to be registered against the petitioner. It is submitted that injured namely- Tarif was medically examined on 21.09.2024 and according to his MLC, two injuries were found on his person wherein injury No.1 was found on frontal bone of right side which was caused by the sharp edged weapon and same was opined as grievous in nature whereas other injury was opined as simple in nature. It appears from the charge-sheet that subsequently, without any additional material, same has been opined as dangerous to life. Counsel submits that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Petitioner is in custody since 06.11.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner and submits that injury sustained by the injured has been opined as dangerous to life. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, material made available on record in the form of charge-sheet, so also considering the fact that cross-cases have been registered between the parties and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this [2025:RJ-JP:13775] (3 of 3) [CRLMB-783/2025] bail application. 6. 6. This bail application is accordingly allowed and it is directed that accused-petitioner- Roshan S/o Fateh Mohammad 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. 7. The observations made herein above are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /98