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2025 DAILYLAW 5664 (RAJ)

ARVIND SINGH @ CHAINSINGH S/O SHRI BALVEER SINGH v. STATE OF RAJASTHAN

CRLMB/1645/2025 · 2025-03-18

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:12006] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1645/2025 1. Arvind Singh @ Chainsingh S/o Shri Balveer Singh, Aged About 28 Years, R/o Palwas, Tehsil Sikar, Rural, District Sikar, Rajasthan (At Present Confined In District Jail, Sikar) 2. Iswar Singh S/o Shri Premsingh, Aged About 29 Years, R/o Kanwarpura, Tehsil Sikar Rural, District Sikar, Rajasthan (At Present Confined In District Jail, Sikar) 3. Shriram Gurjar S/o Shri Harisingh Gurjar, Aged About 28 Years, R/o Badi Mureli, Police Station Chachoda, Tehsil Murela, District Guna, M.p. (At Present Confined In District Jail, Sikar). 4. Sunil Bagdiya S/o Shri Mahendra Bagdiya, Aged About 25 Years, R/o Shyampura Tan Fagnawa Tehsil Sikar Rural, Police Station Sadar, Sikar, District Sikar, Rajasthan. (At Present Confined In District Jail Sikar). 5. Diwan Singh S/o Shri Balwir Singh At Present Adopted Son Of Madan Singh, Aged About 32 Years, R/o Palwas Tehsil Sikar Rural, Police Station Sadar Sikar, District Sikar, Rajasthan. (At Present Confined In District Jail Sikar). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ghan Shyam Singh Rathore Mr. Santosh Singh Shekhawat Mr. Kirti Vardhan Singh Rathore Mr. Tayyab Ali For Respondent(s) For Complainant(s) : : Mr. Shriram Dhakad, PP Mr. Ashar Gauri Mr. Ranvijay Singh HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 18/03/2025 1. The bail application under Section 483 of BNSS has been filed, on behalf of the petitioners, who have been arrested in connection with FIR No.481/2024 registered at Police Station [2025:RJ-JP:12006] (2 of 4) [CRLMB-1645/2025] Sadar Sikar, District Sikar (Raj.) for the offences punishable under Sections 126(2), 115(2), 189(2), 324(5), 75(2), 351(2) & 351(3) of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is submitted that there is land dispute between the parties. It is submitted that three persons got injured in this case out of which two persons have sustained one grievous injury each which is on non-vital part of the body. It is contended that trial will take considerable time in its conclusion. Petitioners are in custody since 19.01.2025 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 learned counsel for the petitioners. It is submitted that there is CCTV footage of the entire incident and petitioners can be clearly seen in that footage thus, their presence is well established. It is further submitted that petitioners are habitual offenders as other cases have also been registered against them. Learned counsel appearing on behalf of the complainant submit that complainant is receiving threats from unknown persons. 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 both the parties, so also considering the material made available on record in the form of case diary, nature of injuries and trial will take considerable time in its conclusion as well as looking to the [2025:RJ-JP:12006] (3 of 4) [CRLMB-1645/2025] custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioners – 1) Arvind Singh @ Chainsingh S/o Shri Balveer Singh, 2) Iswar Singh S/o Shri Premsingh, 3) Shriram Gurjar S/o Shri Harisingh Gurjar, 4) Sunil Bagdiya S/o Shri Mahendra Bagdiya and 5) Diwan Singh S/o Shri Balwir Singh, 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. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in second week of every month in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. [2025:RJ-JP:12006] (4 of 4) [CRLMB-1645/2025] 9. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to them by this Court. 10. The observation made herein above is 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 GAUTAM JAIN /70