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2025 DAILYLAW 47836 (RAJ)

HEMRAJ S/O MATHURA LAL v. STATE OF RAJASTHAN

CRLMB/14746/2025 · 2025-12-17

Anand Sharma

body2025

Judgment text

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[2025:RJ-JP:50938] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14746/2025 Hemraj S/o Mathura Lal, Aged About 65 Years, R/o Karjoona, Police Station Mothpur, District Baran (Rajasthan) (At Present Confined In District Jail, Baran). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Girish Khandelwal, Adv. For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 17/12/2025 1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.129/2025 registered at Police Station Mothpur, District Baran for the offence punishable under Sections 115(2), 126(2), 109(1), 189(2) of BNS. 2. It is stated by learned counsel for the petitioner that during investigation, statement of injured Bajrang Lal, who has suffered grievous injuries, were recorded, whereby he stated that he was assaulted by Mahaveer, Hemraj and Murli. It is submitted that at the time of filing of charge-sheet, Murli has not been treated as accused by the Investigating Officer and so far as the co-accused Mahaveer is concerned, he has been enlarged on bail vide order dated 06.11.2025 passed by the Co-ordinate Bench of this Court in S.B. Criminal Miscellaneous Bail Application [2025:RJ-JP:50938] (2 of 3) [CRLMB-14746/2025] No.12910/2025 along with one another co-accused Yashwant. It is submitted that after investigation, charge-sheet has already been filed and therefore, petitioner is no longer required for custodial interrogation and trial against the petitioner is likely to take considerably long time. Hence, a prayer has been made to grant bail to the petitioner. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Considered the submissions made at Bar. 5. In view of the fact that general statements with regard to 3 accused were given by the injured Bajrang lal out of which one of the person has not been treated as accused by the Investigating Officer at the time of filing of charge-sheet and another accused Mahaveer has already been enlarged on bail by the Co-ordinate Bench of this Court and since, charge-sheet has already been filed and trial against the petitioner is likely to take considerably long time, without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Hemraj S/o Mathura Lal shall be released on bail in pursuance of FIR No.129/2025 registered at Police Station Mothpur, District Baran on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:- [2025:RJ-JP:50938] (3 of 3) [CRLMB-14746/2025] (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court. (ANAND SHARMA),J Jatin /125