[2025:RJ-JP:17442] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1822/2025 Chhiter Kharwal S/o Late Shri Ratiram Kharwal, Aged About 39 Years, R/o Kharwalon Ki Dhani, Banskhoh Police Station Bassi District Jaipur East, Rajasthan. (At Present Accused Confined In Central Jail Jaipur). ---- Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Bal Ram Vashisth, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 24/04/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 28.01.2025 passed by learned Additional Sessions Judge Bassi, Jaipur Metropolitan First (Raj.) in connection with FIR No.461/2023, registered at Police Station Bassi, District Jaipur City (East) for the offences punishable under Sections 143, 341, 323, 504 of IPC (later on charge-sheet has been filed for the offences punishable under Sections 341, 323, 504, 307,336 & 34 of IPC), by which the bail application of the accused-applicant under Section 483 of the B.N.S.S, 2023 has been dismissed. 2. Learned counsel for the accused-applicant submitted that due to free fight between the parties, two FIRs have been lodged, one on behalf of the accused-applicant and the other one is by the complainant. The cross-FIR on behalf of the accused-applicant is [2025:RJ-JP:17442] (2 of 3) [CRLMB-1822/2025] 462/2023. Learned counsel also submits that the allegation in this FIR against the accused-applicant is that he caused a sharp edged injury on the head of injured-Choturam, however, in the medical examination, injury caused to Choturam has been found by blunt weapon. Learned counsel further submitted that co-accused Badshah and Jitendra have been enlarged on bail by the learned trial Court, however, bail of present accused-applicant was dismissed. Learned counsel for the accused-applicant argued that the accused-applicant was arrested on 22.01.2025 and since then, he is behind the bars. Learned counsel further argued that after investigation of the cross-FIR No.462/2023 registered on behalf of the present accused-applicant, charge-sheet against the injured- Choturam along with other persons has been filed for the offences punishable under Sections 323, 341, 325, 504 read with 34 of IPC, therefore, it is clear that present is a case of free fight and the cross-FIR was lodged and charge-sheet against both the parties have been submitted and trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail. 3. On the other other hand, learned Public Prosecutor opposes the bail application and submits that charge against the accused- applicant is of the grievous injury on the head of the injured- Choturam, therefore, bail of accused-applicant be dismissed. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the facts and circumstances of the case and considering the fact that it is a case of free fight between both the parties where cross-FIRs were lodged and charge-sheet against both the parties have been filed and also considering the fact that [2025:RJ-JP:17442] (3 of 3) [CRLMB-1822/2025] the accused-applicant is behind the bars since 22.01.2025 as well as considering the fact that trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Chhiter Kharwal S/o Late Shri Ratiram Kharwal, arrested in FIR No. 461/2023, registered at Police Station Bassi, District Jaipur City (East) shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. The Accused-Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /201