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2025 DAILYLAW 47781 (RAJ)

RAMLAKHAN S/O RAMHANS v. STATE OF RAJASTHAN

CRLMB/8892/2025 · 2025-11-01

Maneesh Sharma

body2025

Judgment text

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[2025:RJ-JP:43791] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IInd Bail Application No. 8892/2025 Ramlakhan S/o Ramhans, aged about 20 Years, R/o Aarsi, Police Station Nagar, District Deeg. (At Present accused-petitioners Confined In Sub Jail, Deeg). ----Accused-Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Gurvindra Singh For Respondent(s) : Mr. Arpan Kumar Sharma Mr. Vijay Yadav, PP HON'BLE MR. JUSTICE MANEESH SHARMA Order 01/11/2025 1. The instant second bail application has been filed under Section 483 of B.N.S.S. on behalf of the accused-petitioner, who has been arrested in connection with FIR No.213/2024 registered at Police Station Nagar, District Deeg for the offences punishable under Sections 189(2), 115(2), 126(2) and 109(1) of the Bhartiya Nyaya Sanhita, 2023. 2. The first bail application of the present petitioner was dismissed as withdrawn vide order dated 25.02.2025 passed by this Court with a liberty to file afresh bail application after recording the statements of the injured before the learned Trial Court. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case and he is in judicial custody for more than one year and he is a permanent resident of [2025:RJ-JP:43791] (2 of 3) [CRLMB-8892/2025] Aarsi, District Deeg. There is no chance of the petitioner absconding, therefore, further custody of the petitioner would not serve any fruitful purpose, so the petitioner be released on bail. 4. Learned counsel for the victim submits that the victim has no objection if the petitioner is released on bail, however, learned Public Prosecutor has opposed the submissions made by the learned counsel for the petitioner. 5. Heard learned counsel for both the parties and perused the material available on record. 6. From the record of the case, it is revealed that the allegations against the petitioner are of the offences under Sections 189(2), 115(2), 126(2) and 109(1) of the Bhartiya Nyaya Sanhita, 2023, and as per the injury report and the opinion of the doctor dated 10.10.2024, wherein it is clearly indicated that the injury caused to the injured, is dangerous to life, grievous in nature caused by gun shot and the said evidence is duly corroborated from the statements of the witness recorded under Section 180 of the Bharatiya Nagrik Suraksha Sanhita, 2023, as well as the recovery made from the petitioner. Further from perusal of the court statement of the injured-Shreedhar recorded on 20.06.2025, it is evident that the injured has specifically deposed that the injury was caused by the petitioner with a firearm. 7. Having considered the facts and circumstances of the case and considering the arguments so advanced by the learned counsel for both parties, looking to the gravity of the offence, this court finds no good ground to accept the prayer made by the [2025:RJ-JP:43791] (3 of 3) [CRLMB-8892/2025] learned counsel for the petitioner for releasing the petitioner on bail. 8. Accordingly, the instant second bail application is hereby dismissed. 9. The observations made hereinabove are only for the decision of the instant second bail application and would not have any impact on the trial of the case in any manner. (MANEESH SHARMA),J SOURAV /1