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2025 DAILYLAW 40123 (RAJ)

AVDESH S/O HARISINGH v. STATE OF RAJASTHAN

CRLMB/9019/2025 · 2025-10-07

Pramil Kumar Mathur

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:40597] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9019/2025 Avdesh S/o Harisingh, Aged About 28 Years, R/o Meena Baroda, P.s. Wazirpur, District Sawai Madhopur (Raj.) (At Present Confined In Sub Jail Gangapurcity). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Narendra Prasad Meena with Mr. Sudhir Jain For Respondent(s) For Complainant : : Ms. Manju Dave, PP Mr. Rajneesh Gupta HON’BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 07/10/2025 1. The petitioner has filed this bail application under Section 483 of BNSS in FIR No.24/2025 registered at Police Station Piloda, District Sawaimadhopur for offence under Sections 190, 191(2), 303(2), 115(2), 126(2), 324(4) of BNS and 3/25 of the Arms Act. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and counsel for the complainant and perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that though it has been mentioned in the FIR that present petitioner has used fire-arm but in the charge-sheet use of fire-arm is not mentioned. The statement of Nehru recorded under Section 180 BNSS is also silent about use of fire-arm though in his statement injured stated that the petitioner has used an axe by inflicting the injury on left leg but as per the medical report, the injury is by blunt weapon. He argued that the complainant himself has 22 criminal antecedents and due to professional rivalry, this incident took place. Bot the parties are resident of the same village. He again submits that the petitioner is behind the bars since 27.5.2025 and charge-sheet has been filed, the trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody and the bail application of the petitioner may be allowed. 4. Learned Public Prosecutor as well as counsel for the complainant have vehemently opposed the bail application and submits that petitioner has criminal past of seven cases, therefore, the petitioner may not be granted the benefit of bail. 5. On consideration of the rival submissions and material available on record and in the light of submission made by learned counsel for the petitioner but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner Avdesh S/o Harisingh. 6. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court on all subsequent dates of hearing till conclusion of the trial. (PRAMIL KUMAR MATHUR),J bmg/39