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2025 DAILYLAW 40505 (RAJ)

PHOOLCHAND S/O PRASADIRAM v. STATE OF RAJASTHAN

CRLMB/9999/2025 · 2025-10-14

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:41842] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9999/2025 Phoolchand S/o Prasadiram, Aged About 76 Years, R/o Swamihali, Tan Pachlangi, Police Station Udaipurwati, District Jhunjhunu (Raj.). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vikash Kumar Jakhar For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP with Mr. Anirudh Singh Ms. Anjali Vashisht for Complainant HON'BLE MR. JUSTICE SAMEER JAIN Judgment 14/10/2025 1. The present bail application has been filed under Section 482 BNSS in connection with FIR No. 326/2024 registered at Police Station Udaipurwati District Neem ka Thana for the offence(s) under Sections 189(2), 126(2) and 115(2) BNS and as per order, under Sections 126(2), 115(1), 117(2), 109, 3(5) of BNS. 2. Learned counsel for the accused-applicant has submitted that the applicant is a senior citizen aged approximately 76 years. It is further submitted that physical altercation took place inter-se the respective parties and cross FIRs were lodged. It is further submitted that injuries were sustained by the respective parties due to the said altercation. 3. Additionally, it is submitted that simple injury has been sustained by three persons (complainants), wherein one has [2025:RJ-JP:41842] (2 of 3) [CRLMB-9999/2025] received life threatening injury. Furthermore, it is submitted that said injury was never assigned to the applicant, who is also injured. Lastly, it is submitted that co-accursed persons are already enlarged on bail under Section 483 BNS, by the Coordinate Bench of this Court vide order dated 17.09.2025. 4. Per contra, learned Public Prosecutor along with counsel for the complainant have vehemently opposed the bail application. 5. Having heard and considered the contentions made by the counsel representing the parties, upon a perusal of the material available on record, and taking note of the fact that accused- applicant is a senior citizen aged approximately 76 years; that the co-accused persons have already been granted bail, therefore, looking to the overall facts and circumstances of the case but without commenting anything on merits or demerits of the case, this Court is inclined to allow the instant anticipatory bail application subject to the condition that applicant shall join the investigation and appear before the Investigating Officer concerned on 30.10.2025 at 11:00 A.M. 6. Accordingly, the anticipatory bail application is allowed. The S.H.O/I.O/Arresting Officer, Police Station Udaipurwati District Neem ka Thana in F.I.R. No. 326/2024 is directed that in the event of arrest of the accused-applicant Phoolchand S/o Prasadiram shall be released on bail, provided that 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 S.H.O/I.O/Arresting Officer of the concerned Police Station on the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when [2025:RJ-JP:41842] (3 of 3) [CRLMB-9999/2025] required; and if the applicant fails to join and render due cooperation in the investigation or does not mark appearance before the concerned authority, as directed hereinabove, the present order allowing anticipatory bail to the applicant shall cease to operate; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer, and (iii) that the applicant shall not leave India without previous permission of the court. (SAMEER JAIN),J Pooja/266