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2025 DAILYLAW 43629 (RAJ)

NEERU S/O PHOOL CHAND v. STATE OF RAJASTHAN

CRLMB/11980/2025 · 2025-11-06

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:44472] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11980/2025 1. Neeru S/o Phool Chand, Aged About 28 Years 2. Kilan Sahai S/o Jansi, Aged About 42 Years 3. Ramkishore @ Pappu S/o Hatyaram, Aged About 52 Years All R/o Jodhya, P.S. Sikandra, Tehsil Bahrawanda, District Dausa (Raj.). ----Applicants Versus State of Rajasthan through PP ----Respondent For Applicant(s) : Mr. Poonam Chand Sharma For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP Mr. Rahul Sharma for Mr. Fateh Ram Meena HON'BLE MR. JUSTICE SAMEER JAIN Judgment 06/11/2025 1. The present bail application has been filed under Section 482 BNSS in connection with FIR No. 0344/2024 registered at Police Station Sikandra District Dausa for the offence(s) under Sections 189(2), 115(2) & 126(2) of BNS, 2023. 2. Learned counsel for the accused-applicants has submitted that the co-accused have already been released on bail by the Coordinate Bench of this Court vide an order dated 04.08.2025. It is contended that the case of the applicants under the present bail application stands on the same pedestal as that of the co-accused, and therefore, on the ground of parity, the applicants are entitled to be enlarged on bail on the same lines as that of the order dated [2025:RJ-JP:44472] (2 of 2) [CRLMB-11980/2025] 04.08.2025 passed by the Co-ordinate Bench in favour of the co- accused. 3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the instant bail application and submitted that apart from multiple injuries sustained by the victims, medical opinion is suggestive of the grievous injury to Urmila, and the same is corroborated by her statement as well, therefore, the provisions of Section 109 of the BNS, 2023 are invoked. It is further submitted that the matter at hand arises out of cross FIR, and therefore, the matter requires a thorough investigation before any indulgence is granted to the applicants. 4. Having heard the arguments advanced by the learned counsel for the parties and considering that the offence alleged is heinous in nature; that medical opinion is suggestive of the grievous injury to one person, named Urmila and looking to the overall facts and circumstances of the case but without commenting on merits/demerits of the case, this court is not inclined to allow the instant bail application of the accused- applicants. 5. Accordingly, the instant bail application filed under Section 482 BNSS is dismissed. (SAMEER JAIN),J JKP/283