[2025:RJ-JP:9305] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2663/2025 1. Ummar S/o Ahmed, Aged About 49 Years, R/o Fatehpur, Police Station Pahari, District Deeg. (Presently Accused In Judicial Custody At District Jail Deeg). 2. Sageer S/o Jakriya, Aged About 42 Years, R/o Town Pahari, Police Station Pahari, District Deeg. (Presently Accused In Judicial Custody At District Jail Deeg). 3. Latif S/o Yahiya, Aged About 38 Years, R/o Town Pahari, Police Station Pahari, District Deeg. (Presently Accused In Judicial Custody At District Jail Deeg). 4. Khalid S/o Yahiya, Aged About 32 Years, R/o Town Pahari, Police Station Pahari, District Deeg. (Presently Accused In Judicial Custody At District Jail Deeg). 5. Aasir S/o Ummar, Aged About 23 Years, R/o Fatehpur, Police Station Pahari, District Deeg. (Presently Accused In Judicial Custody At District Jail Deeg). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Azad Ahmed For Respondent(s) : Mr. S.R. Dhakar, PP, Mr. Sanjay Khan for complainant HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 04/03/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.357/2024 registered at Police Station Pahari, District Deeg for the offence(s) under Sections 189(2), 115(2), 126(2) and 125 of BNS. [2025:RJ-JP:9305] (2 of 3) [CRLMB-2663/2025] 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. He further submits that the incident occurred suddenly without pre- meditation and the accused-petitioners party also sustained injuries and they have also lodged cross FIR against the complainant party. The case under Section 109 of BNS is not made out as the injuries sustained to injured Soraav and Naik Mohammad are not found to be dangerous to life. The injuries sustained to Naik Mohammad at his elbow is grievous in nature and injuries sustained to injured Soraav allegedly caused at his face were old injuries, as Soraav was operated prior to this incident. The injuries report of injured Soraav dated 20.06.2024 clearly shows that the accused-petitioner Soraav was suffering from mandibul injuries and for that mandibulectomy was conducted. It is also contended that the allegation against the present accused-petitioners are omnibus in nature and not specific. In the FIR, 32 names have been mentioned and the chances of over implication cannot be denied. The accused- petitioners are in custody since 16.01.2025 and trial/investigation of the case may take considerable time, therefore, the bail application of the accused-petitioners may be allowed. 3. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application. It is contended that as a result of assault by the accused-petitioners along with other co-accused, injured Soraav sustained five injuries and all were found to be grievous in nature. Similarly, the other injured Naik Mohammad also sustained grievous injury at his [2025:RJ-JP:9305] (3 of 3) [CRLMB-2663/2025] elbow, therefore, the bail application of the accused-petitioners may be dismissed. 4. Heard and perused the material available on record. 5. The injuries sustained to injured Soraav is specifically attributed to Saleem. It is not denied that the cross FIR was also lodged against the complainant party and the accused-petitioners party also sustained injuries. The incident occurred suddenly and not with pre-meditation. Considering the above facts and without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioners namely 1. Ummar S/o Ahmed, 2. Sageer S/o Jakriya, 3. Latif S/o Yahiya, 4. Khalid S/o Yahiya and 5. Aasir S/o Ummar, in connection with FIR No.357/2024 registered at Police Station Pahari, District Deeg shall be enlarged on bail provided each of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Keshav/153