[2025:RJ-JP:22432] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2947/2025 Jitesh Bairwa S/o Late Shri Kajod Mal, Aged About 28 Years, R/o Haripura Ki Dhani, Ward No. 33, Chaksu, Police Station Chaksu, District Jaipur At Present Lodged In The Central Jail, Jaipur. ----Petitioner Versus State Of Rajasthan, Through PP. ----Respondent For Petitioner(s) : Mr. Ashvin Garg For Respondent(s) : Mr. Vivek Sharma, Addl.GA. HON'BLE MR. JUSTICE MANEESH SHARMA Order 28/05/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.452/2024 registered at Police Station Chaksu, Jaipur City (South) for the offence punishable under Sections 115(2), 126(2), 117(2) of BNS, 2023. 2. Learned counsel for the petitioner submit that petitioner has falsely been implicated in this case. He further submits that there was minor family dispute about the partition of property as the petitioner and the deceased are close relatives and the deceased being 70 years of age, lost his balance and fell on the stones lying in front of the shop. He further submits that initially with regard to the same incident, deceased Chhitarmal had lodged a Complaint No.0595/2024 dated 30.09.2024, wherein after investigation, it has been found that offence under Sections 115(2), 116(2), [2025:RJ-JP:22432] (2 of 3) [CRLMB-2947/2025] 117(2) of BNS only is made out, which is evident from a report dated 13.10.2024. He further submits that as per medical report, the deceased sustained fracture in 8th, 9th, 10th rib only and out of five injuries, only one injury is found to be grievous in nature. He further submits that there was no intention on the part of the petitioner to commit such offence. He further submits that the case will not fall within the purview of Sections 101 or 103(1) of BNS and the charge-sheet has been filed against the petitioner. He further submits that the petitioner is behind the bars since 15.10.2024, and the trial will take considerable time; therefore, further custody of the petitioner would not serve any fruitful purpose. Therefore, the petitioner may be enlarged on bail. 3. Learned counsel for the petitioner relies upon the judgment passed by a Division Bench of this Court in the matter of Ratan Lal Vs. State of Rajasthan; D.B. Criminal Miscellaneous Suspension of Sentence Application No.1381/2022 ( D.B. Criminal Appeal No.298/2022 ) , decided on 27.01.2023. 4. Per contra, learned Additional Government Advocate has opposed the submissions made by the learned counsel for the petitioner and submitted that in view of the gravity of the offence, the petitioner is not entitled to be released on bail. 5. Heard and considered the contentions made by the learned counsel for the parties and perused the material available on record. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by the learned counsel for the petitioner, and from the record, it is evident that [2025:RJ-JP:22432] (3 of 3) [CRLMB-2947/2025] there was minor family dispute about the partition of property, on the first complaint filed by the deceased Chhitarmal, after investi- gation, police have found that an offence is made out under Sec- tions 115(2), 126(2), 117(2) of BNS only. Later on, on a subse- quent FIR, the present case has been registered. From the record, it is also evident that there was no intention on the part of the pe- titioner to commit such offence and the case will not fall within the purview of Sections 101 or 103(1) of BNS. From the medical re- port of the deceased, the deceased sustained fracture in 8th, 9th, 10th rib only and out of five injuries, only one injury is found to be grievous in nature; the charge-sheet has already been filed. In the absence of any criminal antecedents and considering the period of custody, but without commenting any opinion on the merits/de- merits of the case, I deem it fit and proper to allow this bail appli- cation. 7. The bail application is accordingly allowed and it is directed that accused-petitioner Jitesh Bairwa S/o Late Shri Kajod Mal 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 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. (MANEESH SHARMA),J Seema/90