[2025:RJ-JP:48209] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14126/2025 1. Kamlesh S/o Ramjilal, Aged About 45 Years, R/o Mored, Police Station Manpur, District Dausa, Rajasthan. (At Present Confined In Sub Jail Bandikui, District Dausa). 2. Sandeep Kumar S/o Kamlesh, Aged About 21 Years, R/o Mored, Police Station Manpur, District Dausa, Rajasthan. (At Present Confined In Sub Jail Bandikui, District Dausa). ----Applicants Versus State Of Rajasthan, Through Pp ----Respondent For Applicant(s) : Mr. Girdhari Lal Gupta with Mr. Vishram Prajapati For Respondent(s) : Mr. Rhishi Raj Singh Rathore, PP Ms. Arti Sharma, PP For Complainant : Mr. Arvind Balaut HON'BLE MR. JUSTICE SAMEER JAIN Order 27/11/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicants. The accused-applicant was arrested in connection with FIR No. 0237/2025 registered at Police Station Manpur District Dausa for the offence(s) under Sections 115(2), 126(2) & 124(2) of BNS, 2023. 2. Learned counsel for the accused-applicants has submitted that the incident in question arose out of a dispute between two brothers. It is further submitted that cross-FIRs have been lodged by both sides. It is further contended that the altercation occurred in heat of the moment. It is also submitted [2025:RJ-JP:48209] (2 of 3) [CRLMB-14126/2025] that both parties sustained injuries during the incident. It is lastly apprised to the Court that the applicants have been in custody since 12.10.2025 and has no criminal antecedents registered against them. 3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application and have drawn the attention of this Court to the injury report of Dharam Singh, who is 64 years of age. It is submitted that the injury in question was initially kept under reserved, and was subsequently opined to be grievous by the concerned medical authority. It is further contended that, during the incident, the victim has lost his vision. It is also submitted that proceedings are liable to be initiated under Section 109 of the Cr.P.C. Moreover, it is specifically alleged that the said grievous injury was caused by one Sandeep Kumar. 4. Considering the arguments advanced by the counsel for the parties, considering that that cross-FIRs have been lodged by both sides; that the altercation occurred in the heat of the moment; that both parties sustained injuries during the incident; that no criminal antecedents against the applicants and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is inclined to allow the bail application of the accused- applicant- Kamlesh S/o Ramjilal and enlarge him on bail, however, subject to the condition that the applicant- Kamlesh S/o Ramjilal shall refrain himself from directly or indirectly, contacting/ approaching the victim or the victims’ family, and shall not disturb the peaceful living of the victim. [2025:RJ-JP:48209] (3 of 3) [CRLMB-14126/2025] 5. [2025:RJ-JP:48209] (3 of 3) [CRLMB-14126/2025] 5. Accordingly, the bail application under Section 483 BNSS is allowed qua accused-applicant Kamlesh S/o Ramjilal & qua Sandeep Kumar S/o Kamlesh is dismissed and applicant- Kamlesh S/o Ramjilal shall be enlarged on bail provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SAMEER JAIN),J JKP/134