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2025 DAILYLAW 44604 (RAJ)

CHAMPALAL S/O NARAYAN v. STATE OF RAJASTHAN

CRLMB/13554/2025 · 2025-11-27

Vinod Kumar Bharwani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:48273] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13554/2025 Champalal S/o Narayan, Aged About 38 Years, R/o Village Paraniya, Police Station Bhanwargarh, Tehsil Kishanganj, District Baran (Raj.). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jagdish Singh Chauhan For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 27/11/2025 1. The present bail application has been filed under Section 482 of B.N.S.S. on behalf of the accused-petitioner-Champalal S/o Narayan, in connection with FIR No.101/2025 registered at Police Station Bhanwargarh, District Baran for the offence(s) under Section(s) 126(2), 115(2) 3(5) & 110 of B.N.S. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case & he has nothing to do with the alleged offence(s). Counsel further submits that a cross F.I.R. bearing No.107/2025 Police Station Bhanwargarh, District Alwar has also been lodged by the petitioner. His custodial interrogation would not be required for any purpose in the matter. 3. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the name of the petitioner is [2025:RJ-JP:48273] (2 of 2) [CRLMB-13554/2025] mentioned in the FIR and, during the course of investigation, it has been found that the petitioner is implicated for allegedly causing injury to the head of the injured with an iron pipe. 4. Having considered the overall allegations leveled in the FIR, statement of injured and the contentions made by learned counsel for both the parties. 5. It is well settled that the power exercisable under Section 482 B.N.S.S. is somewhat extraordinary in character and it is only in exceptional cases where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence, is not likely to otherwise misuse his liberty. It is also well settled that ordinarily, arrest is a part of the process of investigation intended to secure several purposes and it may be necessary to curtail the freedom of an accused in order to enable the investigation to proceed without hindrance and prevent the disappearance of the accused. 6. Thus, without commenting upon the merits/demerits of the case, this Court does not deem it appropriate to grant the benefit of pre-arrest bail to the accused-petitioner. 7. Accordingly, the instant bail application filed under Section 482 B.N.S.S. is dismissed. (VINOD KUMAR BHARWANI),J SAURABH /320