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2025 DAILYLAW 41113 (RAJ)

VIJENDER S/O SHRI KAMAL v. THE STATE OF RAJASTHAN

CRLMB/12250/2025 · 2025-10-17

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:42735] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.12250/2025 1. Vijender S/o Shri Kamal, Aged About 40 Years, R/o Chouta Ghata, Police Station Kaman, District Deeg (Raj.). (At Present Confined In Sub Jail Deeg) 2. Mahesh @ Man Singh S/o Shri Dauli, Aged About 42 Years, R/o Chouta Ghata, Police Station Kaman, District Deeg. (Raj.) (At Present Confined In Sub Jail Deeg). 3. Sugad Singh S/o Shri Dauli, Aged About 61 Years, R/o Chouta Ghata, Police Station Kaman, District Deeg (Raj.). (At Present Confined In Sub Jail Deeg). ----Petitioners Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Kartar Singh Gurjar For Respondent(s) : Mr. Amit Punia, Addl. GA-cum-PP JUSTICE ANOOP KUMAR DHAND Order 17/10/2025 1. This bail application under Section 483 B.N.S.S. has been filed by the petitioners in connection with the FIR No.320/2025 registered at Police Station Kaman District Deeg wherein they have been charged for the offences punishable under Sections 189(2), 115(2), 126(2), 74 & 352 BNS. 2. Learned counsel for the petitioners submits that as per the allegations levelled in the FIR, the accused-petitioner No.1- Vijender caused fatal blow on the head of the injured-Gopal Singh and only general allegations have been levelled against the petitioners and since they are in custody and trial will take its own [2025:RJ-JP:42735] (2 of 3) [CRLMB-12250/2025] time to conclude, therefore indulgence of bail be granted to the petitioners. 3. Per contra, learned public prosecutor opposes the bail application and submits that as per the statement of the injured Gopal Singh, recorded under Section 180 BNSS, the allegation of causing head injury on the person of the injured by Tanchia has been levelled against the accused-petitioner No.2-Mahesh @ Man Singh S/o Shri Dauli. Learned counsel submits that as per the injury report of the injured-Gopal Singh, he has sustained one head injury, which is found to be grievous and dangerous to life, hence under these circumstances, the petitioners do not deserve indulgence of bail. 4. Heard and considered the submissions made at the Bar and perused the material available on record. 5. Considering the arguments put forward by learned counsel for the rival sides, and looking to the fact that the specific overt act has been assigned to the accused-petitioner No.2-Mahesh @ Man Singh S/o Shri Dauli for causing head injury upon the head of the injured and the same was found to be grievous and dangerous, therefore, this Court is not inclined to accept his application and the same is accordingly rejected qua accused- petitioner No.2-Mahesh @ Man Singh S/o Shri Dauli. 6. Furthermore, considering the arguments put forward by learned counsel for the petitioners and looking to the fact that only general allegations have been levelled against the petitioner Nos. 1 & 3-Vijender S/o Shri Kamal and Sugad Singh S/o Shri Dauli and also considering the fact that they are in custody and the trial will take its own time to conclude, without expressing any [2025:RJ-JP:42735] (3 of 3) [CRLMB-12250/2025] opinion on merits and demerits of the case, this Court deems it just and appropriate to grant indulgence of bail to the acused- petitioner Nos. 1 & 3- Vijender S/o Shri Kamal and Sugad Singh S/o Shri Dauli under Section 483 BNSS. 7. Accordingly, the bail application under Section 483 B.N.S.S. is allowed qua the petitioners-Vijender S/o Shri Kamal and Sugad Singh S/o Shri Dauli and it is ordered that the accused- petitioners-Vijender S/o Shri Kamal and Sugad Singh S/o Shri Dauli arrested in connection with aforementioned FIR, may be released on bail; provided each of them furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing, as and when called upon to do so. (ANOOP KUMAR DHAND),J Karan/515