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2025 DAILYLAW 41623 (RAJ)

BHEEMRAJ S/O SHRINATH @ SHYONATH v. STATE OF RAJASTHAN

CRLMB/10815/2025 · 2025-08-27

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:35723] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10815/2025 Bheemraj S/o Shrinath @ Shyonath, Aged About 45 Years, R/o Ladpura, Police Station Kaithun, District Kota. (Accused Presently Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Bhim Singh Meena For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/08/2025 1. Instant application for bail is filed under Section 483 of BNSS by the petitioner-accused Bheemraj S/o Shrinath @ Shyonath in FIR No.68/2025 dated 19.06.2025 registered at P.S. Digod, District – Kota Rural, whereby the petitioner- accused has charged under Sections 189(2), 191(3), 115(2), 110, 351(2), 351(3) and 329(3) of BNS. 2. The petitioner was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. Learned counsel for the petitioner submits that 6 accused were already granted bail by this Hon’ble Court on 04.08.2025 [2025:RJ-JP:35723] (2 of 4) [CRLMB-10815/2025] and the case of present petitioner is identical with them. He further submits that a cross case is also registered for incident and there is no criminal antecedents against the petitioner accused. He also submits that there is a land dispute between the parties and it is a case of free fight where both the sides have sustained injures. He further submits that injury No.9 upon Jagdish was initially shown as simple and blunt but later opinion was changed by medical jurist and mere on basis of treatment record, same is opined as grievous and dangerous to life. He further submits that medical jurist has neither examined nor treated injured Jagdish while opining about injury of Jagdish. He also submits that without any specific attribution, present petitioner accused cannot be kept behind bars for unlimited time. He also submitted that the trial will take time and no purpose will be served by keeping the petitioner-accused in custody. 4. Aforesaid contentions were opposed by learned Public Prosecutor. 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 a complaint lodged by Bhawani Shankar, the matter is investigated and injury report of six injured persons were prepared and same is placed on record by learned Public Prosecutor. 7. Initially injury No.9 of Jagdish was shown as simple blunt but later the medical jurists on basis of treatment record has [2025:RJ-JP:35723] (3 of 4) [CRLMB-10815/2025] changed his opinion to grievous and dangerous to life. Six accused were already granted bail by this Court on 04.08.2025. The material on record also indicate that there is a land dispute between the parties and cross case was also registered. 8. Upon hearing the arguments and perusing the record, we have found that the petitioner-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the petitioner-accused. 9. Thus, the instant bail application filed on behalf of petitioner- accused is hereby allowed and the petitioner-accused Bheemraj S/o Shrinath @ Shyonath is 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 with the following conditions:- (i) The petitioner-accused shall not tamper with evidence or influence the witness in any manner. (ii) The petitioner-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioner-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. [2025:RJ-JP:35723] (4 of 4) [CRLMB-10815/2025] (iv) In case of any violation of above conditions, the bail granted to the petitioner-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/28