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[2025:RJ-JP:35720] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10623/2025
1. Bhanwarlal Gurjar S/o Ramnarayan, Aged About 75 Years, R/o Parliya, P.s. Digod, Dist. Kota Rural (Raj.) (At Present Confined In Central Jail, Kota).
2. Heeralal S/o Ramnarayan, Aged About 68 Years, R/o Parliya, P.s. Digod, Dist. Kota Rural (Raj.) (At Present Confined In Central Jail, Kota). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10811/2025
1. Hansraj S/o Bhawarlal, Aged About 40 Years, R/o Parliya, P.s. Digod Dist. Kota Rural (Raj.) (At Present Confined In Central Jail, Kota)
2. Jagdish S/o Heeralal, Aged About 40 Years, R/o Parliya, P.s. Digod Dist. Kota Rural (Raj.) (At Present Confined In Central Jail, Kota)
3. Mohanlal S/o Ramnarayan, Aged About 55 Years, R/o Parliya, P.s. Digod Dist. Kota Rural (Raj.) (At Present Confined In Central Jail, Kota) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Mukesh Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP
[2025:RJ-JP:35720] (2 of 4) [CRLMB-10623/2025] HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 27/08/2025
1. These applications for bail were filed under Section 483 of BNSS by the petitioners-accused Bhanwarlal Gurjar S/o Ramnarayan, Heeralal S/o Ramnarayan, Hansraj S/o Bhawarlal, Jagdish S/o Heeralal and Mohanlal S/o Ramnarayan, in FIR No.69/2025 dated 19.06.2025 registered at P.S. Digod, District Kota Rural, whereby the petitioners-accused were charged under Sections 189(2), 191(3), 115(2), 126(2), 110 and 329(3) of BNS, 2023.
2. The petitioners were arrested and are in judicial custody since their arrest. The Court below has dismissed the bail application.
3.
Learned counsel for the petitioners relying upon grounds raised in bail application submits that the petitioners are innocent and falsely implicated in the present case. Learned counsel for the petitioners submits that a cross FIR No.68/2025 is registered for incident of 18.06.2025 before registration of current FIR. He submits that current FIR is a counterblast to report registered by Bhawani Sankar on behalf of the accused party. He also submits that this is a case of free fight and complainant party was aggressor and both parties have sustained injuries. He also referred the material available on record and submitted that the dispute is related to land and all injures were on non-vital parts of injured, which were not specifically attributed to anyone. He also referred age of Bhanwar Lal as 75 years and Heera Lal
[2025:RJ-JP:35720] (3 of 4) [CRLMB-10623/2025] as 68 years and submitted that all petitioners are members of same family. He also submitted that the trial will take its own time and no purpose will be served by keeping the petitioner-accused in custody. 4. Aforesaid contentions were opposed by learned Public Prosecutor. He has submitted a report received from concerned Police Station. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of report dated 19.06.2025 lodged by complainant Laxminarayan about incident of 18.06.2025, the matter is registered and investigated. During investigation, the injures upon members of complainant side Narotam, Surendra and Sugna Bai were examined by medical jurist and injury reports and X-Ray reports were prepared. We have perused these reports along with statement of witnesses recorded by police. 7. A cross case is also registered as FIR No.68/2025 and photograph of injured from accused side were also placed on record by learned counsel. We have considered report received from PS Digod, District Kota Rural. There is no criminal antecedents against the petitioners accused. 8. Upon hearing the arguments and perusing the record, we have found that the petitioners-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and
[2025:RJ-JP:35720] (4 of 4) [CRLMB-10623/2025] circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the petitioners-accused. 9.
Thus, the instant bail applications filed on behalf of petitioners-accused are hereby allowed and the petitioners- accused Bhanwarlal Gurjar S/o Ramnarayan, Heeralal S/o Ramnarayan, Hansraj S/o Bhawarlal, Jagdish S/o Heeralal and Mohanlal S/o Ramnarayan are ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court by each of petitioner with the following conditions:- (i) The petitioners-accused shall not tamper with
evidence or influence the witness in any manner. (ii) The petitioners-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioners-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the petitioners-accused shall be liable to be cancelled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/227-228