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[2025:RJ-JP:49579] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 15994/2025 Dheeraj @ Sonu S/o Hemraj, Aged About 22 Years, R/o Brijnagar, Police Station Kishanganj, District Baran (Raj.) (At Present Petitioner Is Confined In Jail, District Baran). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kalyan Chand Surela, Adv., with Mr. Ghanshyam Maharda, Adv., and Mr. Kuldeep Singh, Adv. For Respondent(s) : Mr. Rajesh Chaudhary, GA-cum-AAG with Mr. N.S. Dhakar, PP and Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 05/12/2025
1. This second bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.250/2024 registered at Police Station Kishanganj, District Baran for the offences punishable under Sections 126(2), 115(2), 109(1), 103(1) and 3(5) of BNS, 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 126(2), 115(2), 109(1), 103(1), 3(5) and 118(1) of BNS, 2023.
2.
Learned counsel for the petitioner submits that after rejection of the first bail application of the petitioner, material witnesses including complainant and other injured have been
[2025:RJ-JP:49579] (2 of 3) [CRLMB-15994/2025] examined during the course of trial. Thus, this second bail application has been preferred by the petitioner.
3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that according to the testimony of witnesses, petitioner caused injury by blunt object. He further submits that it appears from the postmortem report that cause of death is head injury, which was caused by sharp edged weapon. He argues that two more injuries have been found on the forearm and thigh of the deceased, which were also caused by sharp edged weapon. He further argues that other co-accused Bhulibai has been granted benefit of bail by this Court. It is also submitted that allegation of causing injury is against co-accused Hemraj. He contends that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. He further contends that petitioner is in custody since 21.12.2024 and further custody of the petitioner would not serve any fruitful purpose.
3. Learned GA-cum-AAG opposes the submissions made by counsel for the petitioner. He submits that petitioner is duly named in the FIR and actively participated in the commission of crime.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that cause of death is head injury, which is caused by sharp edged weapon and allegation of causing head injury by sharp edged weapon is
[2025:RJ-JP:49579] (3 of 3) [CRLMB-15994/2025] against co-accused Hemraj; absence of criminal antecedents and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this second bail application.
6. This second bail application is accordingly allowed and it is
directed that accused-petitioner - Dheeraj @ Sonu S/o Hemraj, shall be released on bail provided, he shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) together with two sureties in the sum of Rs.50,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
7. The observations made hereinabove are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J MADAN/20