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2025 DAILYLAW 39560 (RAJ)

BALRAM ALIAS BALYA ALIAS RISHI S/O BHARATLAL v. STATE OF RAJASTHAN

CRLMB/12998/2025 · 2025-10-16

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:42478] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12998/2025 Balram Alias Balya Alias Rishi S/o Bharatlal, Aged About 28 Years, R/o Nawand Kishanpura, Police Station Bamanwas, District Sawai Madhopur (Raj.) (Presently Petitioner Confined In District Jail At Sawaimadhopur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Mahesh Chand Gauttam, Adv. for Mr. Narsi Prasad Sharma, Adv. For Respondent(s) : Mr. Vivek Choudhary, PP HON’BLE MR. JUSTICE ANAND SHARMA Order 16/10/2025 1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.354/2023 registered at Police Station Bamanwas, District Gangapur City for the offences punishable under Sections 323, 341 and 143 IPC. 2. It is submitted by learned counsel for the petitioner that in FIR, general allegation against all the accused have been levelled and no particular injury has been assigned to the petitioner. It is also submitted that although, in the court statements, it has been stated by the witnesses that the petitioner has inflicted injury to the injured through Gandasi (Axe), yet only one lathi (stick) has been shown to have been recovered from the [2025:RJ-JP:42478] (2 of 3) [CRLMB-12998/2025] petitioner. It is further submitted that co-accused Udham Singh @ Udam Singh has been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 25.06.2025 in S.B. Criminal Miscellaneous Bail Application No.6694/2025 and the case of the petitioner is also at similar footing. Hence, a prayer has been made to extent the similar benefit to the petitioner. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Considered the submissions made at Bar. 5. In the light of the aforesaid facts, where there is variance in the statements as well as recovery memo and in FIR, general allegations have been levelled against the petitioner as well as the fact that co-accused, with similar allegations, has been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 25.06.2025, this Court, without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Balram Alias Balya Alias Rishi S/o Bharatlal shall be released on bail in pursuance of FIR No. 354/2023 registered at Police Station Bamanwas, District Gangapur City on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. [2025:RJ-JP:42478] (3 of 3) [CRLMB-12998/2025] (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court. (ANAND SHARMA),J Jatin /90