DALURAM @ DALCHAND S/O RAMU v. THE STATE OF RAJASTHAN
CRLMB/14336/2025 · 2025-11-13
Ashok Kumar Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 45238 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45238 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:45839] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 14336/2025 Daluram @ Dalchand S/o Ramu, Aged About 55 Years, R/o Jahidpura, Tehsil Kotputli, District Kotputli-Behror (Raj.) (At Present In Sub Jail Kotputli) ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. Manvendra Singh Choudhary, PP Mr. Mukul Sharma for Mr. Manish Gupta HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 13/11/2025
1. Instant second bail application under Section 483 of BNSS is filed by the applicant-accused Daluram @ Dalchand S/o Ramu seeking bail in respect of a criminal case registered as FIR No. 0328/2025 dated 23.06.2025 registered at P.S. Kotputli, District - Kotputli-Behror, for the offence under Sections 115(2), 126(2), 352, 351(2), 3(5) of BNS.
2.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the
[2025:RJ-JP:45839] (2 of 4) [CRLMB-14336/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.
3.
Learned counsel for petitioner submits that first bail application was dismissed as withdrawn on 26.08.2025 and now charge-sheet has been filed. He further submitted that the main allegation is upon Koyali Devi who was already granted anticipatory bail. He further submitted that the injury report and X-ray report clearly indicate that the injured has sustained simple injuries and no case under Section 110 of BNS is made out. He also submitted that it was in the heat of the moment of sudden provocation as the complainant has indulged as a party. At last, he submitted that the present petitioner is in custody since his arrest on
03.08.2025.
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 complainant has also opposed the bail application and submitted that the complainant is a practicing advocate and he was threatened by present petitioner. 6. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On the basis of a written report lodged by complainant Prakash Chand Jat about assault by Koyali, Dal Chand and Bhud Ram a FIR no. 328/2025 is registered on 23.06.2025 at P.S. Kotputli and after investigation police has filed a
[2025:RJ-JP:45839] (3 of 4) [CRLMB-14336/2025] charge-sheet against Dalu Ram @ Dal Chand but kept pending against Koyali Devi and Bhudhram under Sections 193(9) of BNSS. The first bail application was dismissed as withdrawn on 26.08.2025. The petitioner is in custody since
03.08.2025. As per report of investigation, the main accused is Koyali Devi who was granted bail under Section 482 of BNSS by a Co-ordinate Bench on 03.10.2025. All injuries are simple in nature. The material on record also indicate that the complainant is son of Ratanlal who is one of the party in revenue suit and an application under Order I Rule 10 CPC is filed by present petitioner for impleadment in said revenue suit. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is 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 applicant- accused. 9. Thus, the instant bail application filed on behalf of applicant- accused Daluram @ Dalchand S/o Ramu, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing 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 applicant-accused shall not tamper with
evidence or influence the witness in any manner. [2025:RJ-JP:45839] (4 of 4) [CRLMB-14336/2025] (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.
(iii) The applicant-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 applicant-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /82