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[2025:RJ-JP:12520] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1197/2025 Babulal S/o Dhannalal, Aged About 65 Years, R/o Village Baswada, Police Station Lakheri, District Bundi (Raj.). (At Present In District Jail, Bundi) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1564/2025
1. Naresh S/o Babulal, Aged About 25 Years, R/o Village Baswada, Police Station Lakheri, District Bundi (Raj.) (At Present In District Jail, Bundi).
2. Harimohan S/o Babu Lal, Aged About 34 Years, R/o Village Baswada, Police Station Lakheri, District Bundi (Raj.) (At Present In District Jail, Bundi). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Praveen Kumar Jain For Respondent(s) For Complainant(s) : : Ms. Arti Sharma, PP Mr. Amit Dadhich HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 19/03/2025
1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.220/2024 registered at Police Station Lakheri, District Bundi (Raj.) for the offences punishable under Sections 115(2), 126(2), 110, 352 & 3(5) of the Bharatiya Nyaya
[2025:RJ-JP:12520] (2 of 3) [CRLMB-1197/2025] Sanhita, (in short ‘BNS’) 2023. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 115(2), 126(2), 110, 352, 118(1), 109(1) & 3(5) of BNS, 2023.
2.
Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is submitted that cross-cases have been registered between the parties. It is submitted that one injury was found on the person of the injured namely- Vinod which was initially opined as grievous in nature and same was caused by blunt object but later on, without any subsequent material, same has been opined as dangerous to life. Counsel submits that there are no criminal antecedents against petitioner- Babulal and petitioner- Naresh however, 4 other cases have been registered against petitioner- Harimohan. It is contended that trial will take considerable time in its conclusion. Petitioners are in custody since 06.01.2025 and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioners. Counsel for the complainant submits that injured has sustained fracture on 6th, 7th and 8th rib and same has been opined as dangerous to life.
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 petitioners; especially the fact that cross-cases have been registered between the parties, so also considering the material made available in the form of charge-sheet and trial will take
[2025:RJ-JP:12520] (3 of 3) [CRLMB-1197/2025] 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 fit and proper to allow these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners (1) Babulal S/o Dhannalal, (2) Naresh S/o Babulal and (3) Harimohan S/o Babu Lal shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that they 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 herein above are only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J LALIT MOHAN /198-199