Allowed

Banwarilal S/O Mahaveer v. State of Rajasthan

Rajasthan HC1 Apr 2025CRLMB/4336/2025

Case brief

AI extract

What is this about?

Three accused arrested for offences under various BNS sections sought bail. The court noted the life-threatening injury allegation was against a co-accused and another co-accused had been granted bail. Bail applications allowed with personal bonds, sureties, monthly police station presence and attendance register conditions.

What did the court decide?

Petitioners released on bail on furnishing personal bond of Rs.50,000 each and two sureties of Rs.25,000 each, with conditions including monthly police-station presence till trial concludes.

Banwarilal S/O Mahaveer Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

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[2025:RJ-JP:14692]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 4335/2025 Ankit S/o Banwari Lal, Aged About 24 Years, R/o Bahari Ka Pura, Police Station Diholi, District Dholpur (Raj.) (Presently Confined At District Jail Dholpur).

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----Petitioner

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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. 4336/2025

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Banwarilal S/o Mahaveer, Aged About 37 Years, R/o Mahuri, Police Station Maniya. (Presently Confined At District Jail Dholpur).

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Banwari S/o Ramgopal, Aged About 42 Years, R/o Bahari Ka Pura, Police Station Diholi, District Dholpur (Raj.) (Presently Confined At District Jail Dholpur).

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----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. Jeetendra Kumar Sharma For Respondent(s) : Mr. Shriram Dhakad, PP Mr. Govind Upadhyay, for complainant

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order

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01/04/2025

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These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.266/2024 registered at Police Station Diholi, District Dholpur for the offences under Sections 189(2), 115(2), 126(2), 351(2), 352, 333 & 303(2) of BNS. Investigation is being conducted for offences punishable under Sections 191(2), 190, 115(2), 126(2), 351(2), 352, 109 & 117(2) of BNS.

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It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case.

(2 of 3)

[2025:RJ-JP:14692]

[CRLMB-4335/2025]

Learned counsel submits that allegation of causing life threatening injury is against co-accused Satish, whose bail application has been dismissed by this Court vide order dated 11.03.2025. Learned counsel contends that co-accused Rajesh has already been granted bail by this Court. It is contended that petitioners are in custody since 23.02.2025. Further custody of the petitioners would not serve any fruitful purpose. Trial will take in its conclusion.

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Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by the learned counsel for the petitioners. They submit that there are criminal antecedents against the petitioners.

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I have considered the contentions.

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Having regard to the totality of the facts and circumstances

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of the case; especially considering the argument advanced by learned counsel for the petitioners that allegation of causing life threatening injury is against co-accused Satish and the fact that co-accused Rajesh has been granted bail by this Court; petitioners are in custody since 23.02.2025 and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications.

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These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Ankit S/o Banwari Lal,

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(2) Banwarilal S/o Mahaveer & (3) Banwari S/o Ramgopal,

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shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand

[2025:RJ-JP:14692]

[CRLMB-4335/2025]

(3 of 3)

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 they 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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It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded.

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Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.

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If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to them by this Court.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /245-246

Banwarilal S/O Mahaveer v. State of Rajasthan

Case brief

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Banwarilal S/O Mahaveer v. State of Rajasthan

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