Balram Alias Balya Alias Rishi S/O Bharatlal Vs State of… — Bail and Remand | Rajasthan HC (2025)

Balram Alias Balya Alias Rishi S/O Bharatlal Vs State of… — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed. Accused-petitioner Balram @ Balya @ Rishi to be released on bail in FIR No. 354/2023 (Police Station Bamanwas, District Gangapur City) on furnishing a personal bond of Rs. 1,00,000/- with two sureties of Rs.50,000/- each, subject to conditions: (i) not to tamper with evidence or influence witnesses; (ii) not to leave the country without prior permission of the Court; (iii) to co-operate in the trial and attend each and every date of hearing unless presence is exempted by the trial Court.

Issue for consideration

Whether the petitioner Balram @ Balya @ Rishi, accused in FIR No.354/2023 (Police Station Bamanwas, District Gangapur City) for offences under Sections 323, 341 and 143 IPC, is entitled to be enlarged on bail, having regard to the general allegations in the FIR, the variance between the witness statements, the recovery memo and the FIR, and parity with co-accused Udham Singh @ Udam Singh who was already enlarged on bail.

Court's answer

On the facts before it — variance between the statements, the recovery memo and the FIR, general allegations levelled against the petitioner, and the release of a similarly placed co-accused on bail — the Court considered it just and proper to enlarge the petitioner on bail, expressly without expressing any opinion on the merits and demerits of the case.

Ratio / Principle

Parity with the co-accused was a ground for granting bail: the co-accused, with similar allegations, had already been enlarged on bail by the Co-ordinate Bench of this Court.

Detailed headnote1 paragraphs

Bail granted — S. 483 BNSS, 2023 — FIR No.354/2023, Police Station Bamanwas, District Gangapur City — offences punishable under Sections 323, 341 and 143 IPC — general allegations levelled against all accused; variance between witness statements, recovery memo (only one lathi recovered) and the FIR (injury allegedly inflicted with a Gandasi); parity with co-accused Udham Singh @ Udam Singh, enlarged on bail by Co-ordinate Bench on 25.06.2025 in S.B. Criminal Miscellaneous Bail Application No.6694/2025 — bail allowed without expressing any opinion on merits; personal bond of Rs. 1,00,000/- with two sureties of Rs.50,000/- each; conditions imposed regarding non-tampering with evidence, non-influencing of witnesses, not leaving the country without prior permission, and attendance at trial.

[2025:RJ-JP:42478]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 12998/2025

Balram Alias Balya Alias Rishi S/o Bharatlal, Aged About 28 Years, R/o Nawand Kishanpura, Police Station Bamanwas, District Sawai Madhopur (Raj.) (Presently Petitioner Confined In District Jail At Sawaimadhopur).

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Mahesh Chand Gauttam, Adv. for Mr. Narsi Prasad Sharma, Adv. For Respondent(s) : Mr. Vivek Choudhary, PP

HON’BLE MR. JUSTICE ANAND SHARMA

Order

16/10/2025

This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.354/2023 registered at Police Station Bamanwas, District Gangapur City for the offences punishable under Sections 323, 341 and 143 IPC.

It is submitted by learned counsel for the petitioner that in FIR, general allegation against all the accused have been levelled and no particular injury has been assigned to the petitioner. It is also submitted that although, in the court statements, it has been stated by the witnesses that the petitioner has inflicted injury to the injured through Gandasi (Axe), yet only one lathi (stick) has been shown to have been recovered from the

[2025:RJ-JP:42478]

[CRLMB-12998/2025]

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petitioner. It is further submitted that co-accused Udham Singh @ Udam Singh has been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 25.06.2025 in S.B. Criminal Miscellaneous Bail Application No.6694/2025 and the case of the petitioner is also at similar footing. Hence, a prayer has been made to extent the similar benefit to the petitioner.

Learned Public Prosecutor has vehemently opposed this bail application.

Considered the submissions made at Bar.

In the light of the aforesaid facts, where there is variance in the statements as well as recovery memo and in FIR, general allegations have been levelled against the petitioner as well as the fact that co-accused, with similar allegations, has been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 25.06.2025, this Court, without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail.

Accordingly, this Bail Application is hereby allowed. The accused-petitioner Balram Alias Balya Alias Rishi S/o

Bharatlal shall be released on bail in pursuance of FIR No. 354/2023 registered at Police Station Bamanwas, District Gangapur City on furnishing a personal bond of Rs. 1,00,000/along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:-

(i) He shall not tamper with any evidence, nor would influence the witnesses in the case.

[CRLMB-12998/2025]

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(ii) He shall not leave the country without prior permission of the Court.

(iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court.

(ANAND SHARMA),J

Jatin /90