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2025 DAILYLAW 39298 (RAJ)

VISHAL S/O RAMDAYAL v. STATE OF RAJASTHAN

CRLMB/13199/2025 · 2025-10-14

Anand Sharma

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:41895] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13199/2025 1. Vishal S/o Ramdayal, Aged About 42 Years, R/o Chatripura (Jaitpur), Police Station Dihauli, District Dholpur-Raj. (At Present Confined In District Jail, Dholpur). 2. Dhirendra S/o Ramdayal, Aged About 28 Years, R/o Chatripura (Jaitpur), Police Station Dihauli, District Dholpur-Raj. (At Present Confined In Central Jail, Dholpur). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Udit Sapra, Adv. Mr. Dushyant Jain, Adv. For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 14/10/2025 1. This criminal misc. bail application has been filed by the petitioners under Section 483 of BNSS, 2023 in respect of FIR No.46/2025 registered at Police Station Diholi, District Dholpur for the offences punishable under Section 189(2), 115(2), 126(2), 109(1) and 125 B.N.S. 2. It is stated by learned counsel for the petitioners that grievous injury sustained by victim Ramveer has been assigned to co-accused Bablu and not to the petitioners. It is further submitted that no firearm or even sharp edged weapon has been shown to have been recovered at the instance of the petitioners. It [2025:RJ-JP:41895] (2 of 3) [CRLMB-13199/2025] is further submitted that co-accused Bablu, against whom there are specific allegation of causing injury to Ramveer, has been enlarged on bail vide order dated 26.09.2025 passed by the Co- ordinate Bench of this Court in S.B. Criminal Miscellaneous Bail Application No.12605/2025 and case of the petitioners is on far better footings. Hence, a prayer has been made to grant bail to the petitioners. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Considered the submissions made at Bar. 5. In the light of the fact that the allegation of giving axe below upon person of Ramveer has been attributed to co-accused Bablu, who has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 26.09.2025 and there is no recovery either of firearm or sharp edged weapon from the petitioners as also, looking to the fact that the petitioners are behind the bar since 31.08.2025 and charge-sheet has already been filed, and there is no requirement of further custodial interrogation from the petitioners, this Court, without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioners on bail. 6. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioners Vishal S/o Ramdayal and Dhirendra S/o Ramdayal shall be released on bail in pursuance of FIR No. 46/2025 registered at Police Station Diholi, District Dholpur on each of them furnishing a personal bond of Rs. 1,00,000/- along [2025:RJ-JP:41895] (3 of 3) [CRLMB-13199/2025] with two sureties of Rs.50,000/- each. That apart, the accused- petitioners shall also follow the conditions as under:- (i) They shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) They shall not leave the country without prior permission of the Court. (iii) They shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless their presence is exempted by the trial Court. (ANAND SHARMA),J Jatin /198