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[2025:RJ-JP:7205] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 2492/2025 Narendra S/o Kanhaiyalal, Aged About 37 Years, R/o Ishwarpura, Police Station Mangrol, District Baran (Raj.) (At Present Confined In District Jail Baran) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Jagdish Nagar For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 19/02/2025
1. The second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.245/2024 registered at Police Station Mangrol, District Baran for the offences punishable under Sections 189(2), 126(2), 115 (2), 352, 352(c) & 109(1) of BNS.
2. The first bail application (No.308/2025) was dismissed as withdrawn by this Court vide order dated 20.01.2025 with liberty to renew the prayer of bail after filing of result of investigation. Now, charge-sheet has been filed in this matter for the offences punishable under Sections 189(2), 126(2), 115 (2), 352, 109(1), 117(2) of BNS & Sections 4/25 of Arms Act. Thus, this second bail application has been preferred.
3. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. Learned counsel
[2025:RJ-JP:7205] (2 of 3) [CRLMB-2492/2025] submits that except one injury on the head of the injured-Giriraj, all other injuries are simple in nature. He submits that none of the injuries sustained to injured has been opined as dangerous to life. It is a case of free fight wherein cross FIRs have been registered between the parties. Petitioner is in custody since 10.12.2024 & there are no criminal antecedents against him. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose.
4. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. He submits that petitioner is named in FIR & there is allegation against him of causing injury on the head of the injured-Giriraj which has been opined as grievous in nature.
5. I have considered the contentions.
6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners as also considering the material available before me in the form of charge-sheet; looking to the nature of injuries; trial will take time in its conclusion; absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application.
7. This second bail application is accordingly allowed and it is
directed that accused-petitioner – Narendra S/o Kanhaiyalal shall be released on bail provided, he 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
[2025:RJ-JP:7205] (3 of 3) [CRLMB-2492/2025] Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that he 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.
8. The observation made hereinabove 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 /52