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2025 DAILYLAW 42830 (RAJ)

VIKRAM SINGH @ VIKKY S/O RAM SINGH v. STATE OF RAJASTHAN

CRLMB/1838/2025 · 2025-02-27

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:39283] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11838/2025 1. Dev Kishan S/o Shri Mandaji, R/o Digod, P.s. Digod, Tehsil Digod, District Kota ( Rajasthan) ( Accused At Present Confined In Central Jail Kota) 2. Raghuveer S/o Shri Modulal, R/o Village Parliya, P.s. Digod, Tehsil Digod, District Kota (Rajasthan) ( Accused At Present Confined In Central Jail Kota) 3. Om Prakash S/o Shri Parmanand, R/o Digod, P.s. Digod, Tehsil Digod, District Kota (Rajasthan) ( Accused At Present Confined In Central Jail Kota) 4. Bhimraj S/o Shri Badrilal, R/o Village Ladpura, P.s. Kaithun, District Kota ( Rajasthan) ( Accused At Present Confined In Central Jail Kota) 5. Chandra Prakash S/o Shri Radheshyam, R/o Village Badunda, P.s. Taaleda, District Bundi ( Rajasthan) ( Accused At Present Aconfined In Central Jail Kota) ----Petitioners Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) : Ms. Arti Sharma, PP Mr. Mukesh Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 23/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicants-accused Dev Kishan S/o Shri Mandaji, Raghuveer S/o Shri Modulal, Om Prakash S/o Shri Parmanand, Bhimraj S/o Shri Badrilal and Chandra Prakash S/o Shri Radheshyam, seeking bail in [2025:RJ-JP:39283] (2 of 5) [CRLMB-11838/2025] respect of a criminal case registered as FIR No.68/2025 dated 19.06.2025 registered at P.S. Digod District – Kota Rural, for the offence under Sections189(2), 191(3), 115(2), 110, 351(2), 329(3) of BNS. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. He also submits that the applicants undertake not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned Counsel for the Petitioners submits that on the basis of General Allegation, a report was registered by complainant Bhavani on 19.06.2025 for the incident dated 18.06.2025. He further submitted that way before current FIR, the accused party has registered, FIR No. 91/2024 on 26.02.2024 wherein, after investigation, police has filed a charge sheet. He further submitted that a cross case has also been registered for the current incident by the accused party as FIR No. 69/2025. He specifically referred to the Injury Report of Jagdish and the statements of Jagdish, Bahawarlal and Bhavani Shankar and submitted that no specific attribution is made upon any of the petitioners and the allegations are general in nature. He further submitted that all injuries were caused by blunt object. Lastly, he submitted that seven accused have already been enlarged [2025:RJ-JP:39283] (3 of 5) [CRLMB-11838/2025] on bail by this Hon’ble Court and the case of present petitioners is identical with them. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Learned Counsel for the Complainant has opposed the bail application and submitted that Jagdish has suffered grievous injury and one of the injury is opined as dangerous to life. He further submitted that all accused are responsible for committing assault upon the complainant/injured. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On the basis of complaint lodged by Bhavani on 19.06.2025 regarding the incident of 18.06.2025, a report was registered and matter was investigated. During investigation, the injury report of the injured were prepared and, after completion of investigation, a charge sheet has been filed. This Court has granted bail to six female accused on 04.08.2025 and further to accused Bhimraj on 27.08.2025. We have considered the injury report of Jagdish, whose injury No. 9 has been opined as dangerous to life, though earlier this injury was opined as simple blunt. The evidence also suggests that there is a land dispute between the parties and a cross case has been registered. There is no specific attribution about injury No.9 upon Jagdish in the statements as referred by learned counsel for the petitioners. [2025:RJ-JP:39283] (4 of 5) [CRLMB-11838/2025] 8. Upon hearing the arguments and perusing the record, we have found that the applicants-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 circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused. 9. Thus, the instant bail application filed on behalf of applicants-accused Dev Kishan S/o Shri Mandaji, Raghuveer S/o Shri Modulal, Om Prakash S/o Shri Parmanand, Bhimraj S/o Shri Badrilal and Chandra Prakash S/o Shri Radheshyam, is hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner would furnish 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 applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-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. [2025:RJ-JP:39283] (5 of 5) [CRLMB-11838/2025] 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /05