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2025 DAILYLAW 8032 (RAJ)

FATEH CHAND S/O SHRI TULSIRAM v. STATE OF RAJASTHAN

CRLMB/2598/2025 · 2025-02-18

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:7049] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 2598/2025 Fateh Chand S/o Shri Tulsiram, Aged About 50 Years, R/o Village Billu, Police Station Parbatsar, Distt. Dedwana Kuchaman, Rajasthan. (Presently Confined In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pradeep Singh For Respondent(s) For Complainant(s) : : Mr. N. S. Dhakar, PP Mr. Devanshu Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 18/02/2025 1. The instant second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who have been arrested in connection with FIR No.397/2024 registered at Police Station Madanganj, District Ajmer (Rajasthan) for the offences punishable under Sections 191(2), 190, 115(2), 332(c) & 110 of BNS. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 191(2), 190, 115(2), 332(c), 110 & 117(2) of BNS. 2. First bail application of the petitioner was dismissed as withdrawn. Thus, this second bail application has been preferred by the petitioner. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that [2025:RJ-JP:7049] (2 of 3) [CRLMB-2598/2025] maximum punishment for the alleged offences for which charge- sheet has been filed, is seven years. Counsel submits that co- accused namely Anju Sharma & Gavrika Dhadhich have been granted bail by this Court vide order dated 15.01.2025. Counsel further submits that there are no criminal antecedents against the petitioner. Petitioner is in custody since 15.12.2024 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. They submit that petitioner is duly named in the FIR and two grievous injuries were found on the person of the injured. 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 parties, especially the fact that maximum punishment for the alleged offences for which petitioner has been charge-sheeted, is seven years; absence of criminal antecedents of the petitioner; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner -Fateh Chand S/o Shri Tulsiram 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 Thousand [2025:RJ-JP:7049] (3 of 3) [CRLMB-2598/2025] 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 LALIT MOHAN /331