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2025 DAILYLAW 5431 (RAJ)

BHURSINGH MEENA S/O SHRI MANGATIRAM v. STATE OF RAJASTHAN

CRLMB/1813/2025 · 2025-02-10

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:5752] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1337/2025 Saurabh Meena @ Golu Meena S/o Late Shri Kamal Meena, R/o Village Kariri Tehsil Todabhim, P.s. Todabhim, District Karauli. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 1813/2025 Bhursingh Meena S/o Shri Mangatiram, R/o Chakgazipur Kariri, P.s. Todabhim, District Karauli, At Present House No. 51-52 Saket Colony Ramsinghpura, P.s. Kanota Jaipur. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Narendra Prasad Meena For Respondent(s) : Ms. Arti Sharma, PP Mr. Gopal Chand, ASI, Shyam Nagar, Jaipur HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/02/2025 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.11/2025 registered at Police Station Shyam Nagar, District Jaipur City (South) (Raj.) for the offences punishable under Sections 189(2), 115(2), 126(2) & 109(1) of [2025:RJ-JP:5752] (2 of 3) [CRLMB-1337/2025] BNS. Investigation is being conducted for the offences punishable under Sections 189(2), 115(2), 126(2) & 109(1) of BNS. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submits that there is no material available on record to show that injuries sustained to the injured persons are life threatening injuries. Counsel submits that except one criminal antecedents against the petitioner Bhursingh in which he has already been acquitted by the learned trial Court, there are no criminal antecedents of the petitioners. In these circumstances, it can be said that there are no criminal antecedents of the petitioners. Petitioners are in custody since 11.01.2025. Further custody of the petitioners would not serve any fruitful purpose. 3. Investigating Officer of this case is present in person and under his instructions, learned State Counsel submits that victim/injured of this case were advised to appear for X-ray but they left the hospital and now they are not turning up. In these circumstances, no X-ray could be done and in absence of X-ray report, no final opinion with regard to nature of injury can be given by the medical expert. 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 injured themselves did not turn up for their X-ray; absence of criminal antecedents of the petitioners; looking to the custody period, but [2025:RJ-JP:5752] (3 of 3) [CRLMB-1337/2025] without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Saurabh Meena @ Golu Meena S/o Late Shri Kamal Meena & (2) Bhursingh Meena S/o Shri Mangatiram 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 hereinabove are only for decision of these instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /303-304