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2025 DAILYLAW 42050 (RAJ)

PRAHLAD S/O BIRKHARAM v. STATE OF RAJASTHAN

CRLMB/12661/2025 · 2025-09-26

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:39995] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12661/2025 Prahlad S/o Birkharam, Aged About 67 Years, R/o Ajeetgarh Road Thoi, Police Station Thoi, District Sikar (Raj.) (Presently Confined In Sub Jail Neemkathana). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Nikhil Saini For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Amit Dadhich HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 26/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Prahlad S/o Birkharam, seeking bail in respect of a criminal case registered as FIR No. 244/2024 dated 02.11.2024 registered at P.S. Thoi, Neema Ka Thana for the offence under Sections 126(2), 115(2), 352, 3(5) and 329(3) of BNS. 2. Learned counsel for the applicant submits that the applicant, has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant-accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2025:RJ-JP:39995] (2 of 3) [CRLMB-12661/2025] 3. Learned counsel for applicant-accused submitted that applicant-accused and injured are uncle and nephew and there is dispute of property between them. He submits that out of 16 cases, 12 cases were disposed of and resulted into acquitted. He submits that remaining 3 cases were registered by complainant of current case. He also submits that all injuries are simple in nature and none of them is on vital party of body. He further submits that due to Navaratra and Vijayadashmi Festival, he praying for bail. 4. Learned Public Prosecutor has vehemently opposed the bail applications and submissions made by learned counsel for the applicant-accused. Learned counsel for the complainant has also opposed the bail application on ground of criminal antecedents. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. Having considered the submissions advanced on behalf of both parties and upon perusal of the material available on record, the Court finds that the grounds raised in support of the bail application, coupled with other facts such as absence of any apprehension regarding absconding of applicant- accused, tampering with evidence, or influencing witnesses, it is justified to grant of bail. 7. Thus, the instant bail application filed on behalf of applicant- accused Prahlad S/o Birkharam, is hereby allowed and the applicant-accused is ordered to be released on bail with condition that applicant would furnish a personal bond of [2025:RJ-JP:39995] (3 of 3) [CRLMB-12661/2025] ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-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 applicants-accused shall be liable to be canceled. 8. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J ashu /159