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2025 DAILYLAW 4253 (RAJ)

JALSINGH @ JALLO S/O PHOOSI v. STATE OF RAJASTHAN

CRLMB/1007/2025 · 2025-02-10

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:5810] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1007/2025 1. Jalsingh @ Jallo S/o Phoosi, R/o Atewa, Police Station Kaila Devi, District Karauli (Raj.). (At Present Confined In District Jail Karauli). 2. Khushiram S/o Vijayram, R/o Atewa, Police Station Kaila Devi, District Karauli (Raj.). (At Present Confined In District Jail Karauli). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1436/2025 Ajay Singh S/o Shripat, R/o Atewa, Police Station Kailadevi, District Karauli (Raj.). (The Accused Petitioner Presently Confined In District Jail Karauli). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 1437/2025 Siyaram S/o Ramhet, R/o Ateva, Police Station Kaila Devi, District Karauli (Raj.) (At Present In District Jail, Karauli). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nirmal Kumar Sharma Mr. Rajneesh Gupta Ms. Chanchal Mr. Ved Prakash Sogarwal For Respondent(s) : Mr. Jai Prakash Tiwari, PP Mr. Anurag Chahar for Mr. Mukesh Pal Jadoun, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/02/2025 1. These bail applications have been filed under Section 483 of BNSS., on behalf of the petitioners, who have been arrested in connection with FIR No.93/2024 registered at Police Station [2025:RJ-JP:5810] (2 of 3) [CRLMB-1007/2025] Kailadevi, District Karauli (Raj.) for the offences punishable under Sections 189(2), 115(2), 126(2) & 303(2) of BNS. Later on, police filed charge-sheet for the offences punishable under Sections 115(2), 126(2), 103(1), 333, 190, 191(2), 191(3), 117(2), 61(2) (b), 332(a) & 332(b) of BNS. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that in the FIR, no specific role has been attributed to the petitioners. It is submitted that according to the post-mortem report, three injuries were noticed on the dead body by the medical board. Injury No.1 is surgical stitched wound & injury Nos.2 & 3 are diffuse swelling present over left temporo- parietal & right occipital region of scalp. It is submitted that medical expert has not opined any definite opinion regarding cause of death and same has been kept reserved till receiving FSL & HPE report. It is also contended that deceased was suffering from pulmonary Tuberculosis (TB) for last 8-10 years and possibility of death cannot be ruled out on account of old disease because as per final opinion, cause of death is shock brought about as a result of multiple body injuries cumulatively and their consequences with cumulative effect of underlying chronic lung pathology. It is argued that petitioners are in custody since their date of arrest, dharge-sheet has been filed and trial of the case will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by [2025:RJ-JP:5810] (3 of 3) [CRLMB-1007/2025] learned counsel for the petitioners. They submit that petitioners are named in FIR & they actively participated in commission of crime. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, as also the fact that charge-sheet has been filed and trial will take time in its conclusion; but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail applications. The observations made hereinabove is only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – (1) Jalsingh @ Jallo S/o Phoosi, (2) Khushiram S/o Vijayram, (3) Ajay Singh S/o Shripat, (4) Siyaram S/o Ramhet, shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. (ANIL KUMAR UPMAN),J CHARU SONI /277-279