Anil Bhil S/O Surajmal Vs State of Rajasthan

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[2025:RJ-JP:3005]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 13187/2024

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Chain Singh S/o Daulatram, Aged About 40 Years,

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Balwant Singh S/o Prabhulal, Aged About 36 Years,

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Suraj S/o Prabhulal, Aged About 48 Years, All R/o Khamni Police Station Sunel District Jhalawar (Raj.) (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.)

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----Accused-Petitioners

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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Connected With

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S.B. Criminal Miscellaneous Bail Application No. 16122/2024

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Anil Bhil S/o Surajmal, Aged About 23 Years,

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Satyanarayan @ Sattu S/o Balaram, Aged About 22 Years, Both R/o Khamni Police Station Sunel District Jhalawar (Raj) (At Present Confined In Sub District Jail, Bhawani Mandi District Jhalawar (Raj.).

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----Accused-Petitioners

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Rohit Khandelwal, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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21/01/2025

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After arguing at some length, learned counsel for the petitioners seeks withdrawal of this criminal misc. bail application qua the accused-petitioners – Chain Singh and Balwant Singh with

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liberty to renew the prayer of bail after recording the testimony of the Doctor, who prepared MLC report of the injured and complainant-Sonu Bhil.

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Accordingly, the instant bail application qua the accusedpetitioners – Chain Singh and Balwant Singh is dismissed as withdrawn with liberty, as prayed for.

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Trial court is also directed to record testimony of the aforesaid witnesses on priority basis. 4. Arguing the bail applications for accused-petitioners - Suraj, Anil Bhil and Satyanarayan, who are in custody in connection with FIR No.184/2024 registered at Police Station Sunel, District Jhalawar (Raj.) for the offences punishable under Sections 189(2), 126(2), 115(2), 109(1) and 331(6) of BNS, 2023, learned counsel submits that they have falsely been implicated in this case. He submits that allegation of causing life-threatening injuries is against co-accused Chain Singh and Balwant Singh and their bail application has been rejected by this order itself. He further submits that there is omnibus allegation against the petitioners. After thorough investigation, police has filed charge-sheet in this matter for the offences punishable under Sections 189(2), 126(2), 115(2), 109(1), 331(6), 118(1), 118(2) of BNS, 2023 and Sections 4/25 of Arms Act. He argues that there are no criminal antecedents against the petitioners – Suraj, Anil Bhil and Satyanarayan and trial of the case will take considerable time. He further argues that the petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose.

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Learned Public Prosecutor opposes submissions made by the counsel for the petitioners, but, he fairly concedes that allegation of causing life-threatening injuries is against accused-petitioners – Chain Singh and Balwant Singh.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially the fact that allegation of causing life threatening injuries is against accused-petitioners – Chain Singh and Balwant Singh; absence of criminal antecedents against the petitioners – Suraj, Anil Bhil and Satyanarayan; trial will take time in its conclusion 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 these bail applications qua the petitioners – Suraj, Anil Bhil and Satyanarayan.

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These bail applications are accordingly allowed and it is directed that accused-petitioners - 1. Suraj S/o Prabhulal, 2. Anil Bhil S/o Surajmal and 3. Satyanarayan @ Sattu S/o Balaram shall be released on bail provided each of them 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 each of them 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.

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