Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 38181 (RAJ)

SAMSHER S/O HIMMAT v. STATE OF RAJASTHAN

CRLMB/12323/2025 · 2025-10-14

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:41997] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12323/2025 1. Samsher S/o Himmat, Aged About 27 Years, 2. Vajib S/o Mubin, Aged About 20 Years, 3. Aalim S/o Rahmat, Aged About 23 Years, All are R/o Piruka, Police Station Gopalgarh, District Deeg, Rajasthan. (At Present Accused Petitioner Confined In Sub Jail Deeg). ----Applicants Versus State of Rajasthan through PP ----Respondent For Petitioner(s) : Mr. Likayat Khan Mr. Vafik Choudhary For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP with Mr. Anirudh Singh Ms. Arti Sharma, PP Mr. Sanjay Khan HON'BLE MR. JUSTICE SAMEER JAIN Judgment 14/10/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicants. The accused-applicants were arrested in connection with FIR No. 105/2025 registered at Police Station Gopalgarh District Deeg for the offence(s) under Sections 115(2), 126(2), 189(2) and 125 of BNS, 2023. 2. Learned counsel for accused-applicants has submitted that applicants are aged approximately 20-30 years. It is further submitted that no criminal antecedents are pending against the applicants. Further, it is submitted that applicants are behind bars ever since 02.09.2025. Furthermore, it is submitted that [2025:RJ-JP:41997] (2 of 2) [CRLMB-12323/2025] there is no injury qua gunshot as alleged in the FIR as well as in the statements tendered during the proceedings, moreover, no specific allegations qua head injury is assigned to the accused. It is further submitted that they are the sole bread earner of the family. 3. Per contra, learned Public Prosecutor has vehemently opposed the bail application. 4. Having heard and considered the arguments advanced by the counsel for the parties and considering the fact that applicants are aged approximately 20-30 years; that no criminal antecedents are pending against them; that they are the sole bread earner of the family, therefore, looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this Court is inclined to allow the bail application of the accused-applicants and enlarge them on bail. 5. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that accused-applicants Samsher S/o Himmat, Vajib S/o Mubin & Aalim S/o Rahmat shall be enlarged on bail provided that they furnish a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned Trial Judge for their appearance before the Court concerned on all the dates of hearing as and when called upon to do so. (SAMEER JAIN),J JKP/325