Dismissed¶29

Jamshed S/O Sirdar v. State of Rajasthan

Bail – Third bail application under Section 483 of the BNSS, 2023

Rajasthan HC3 Apr 2025CRLMB/4481/2025

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Case brief

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What is this about?

Third bail application; Section 483 BNSS 2023; FIR No.237/2024 Police Station Sadar Alwar District Alwar; IPC Sections 143, 323, 341, 452, 427, 509; successive bail applications; no material change in circumstances; injury by sharp edged weapon opined dangerous to life; injured witness Sabir examined as PW-10 on 03.01.2025; first bail rejected 28.08.2024; second bail withdrawn 29.01.2025; bail refused; Rajasthan High Court Jaipur Bench; Justice Ganesh Ram Meena; order dated 03/04/2025.

What did the court decide?

Learned counsel failed to point out any material change in circumstances subsequent to the dismissal of the second bail application on 29.01.2025. ¶21

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

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[2025:RJ-JP:15205]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 3rd Bail Application No. 4481/2025

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Jamshed S/o Sirdar, Aged About 40 Years, R/o Kakrali, Police Station Sadar, Alwar, Presently Near Radheyshyam Ki School, Tijara Road, Alwar (Raj.) (At Present Confined In Central Jail Alwar).

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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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For Petitioner(s) : Ms. Gunjan Sharma For Respondent(s) : Mr. N.S. Dhakad, Public Prosecutor

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HON'BLE MR. JUSTICE GANESH RAM MEENA

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Order

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03/04/2025

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The instant third bail application has been filed under Section 483 of the BNSS, 2023 on behalf of accused-petitioner in connection with FIR No.237/2024 registered at Police Station Sadar Alwar, District Alwar for the offence under Sections 143, 323, 341, 452, 427 and 509 IPC.

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First bail application of the petitioner bearing S.B. Criminal Misc. Bail Application No.7959/2024 was dismissed by this Court vide order dated 28.08.2024 in view of the fact borne out from the evidence collected during investigation that the accused-petitioner has inflicted injury to injured-Sabir with a sharp edged weapon. The said injury was lateron opined to be dangerous to life.

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The second bail application of the petitioner bearing S.B. Criminal Misc. Second Bail Application No.15739/2024 was

[CRLMB-4481/2025]

[2025:RJ-JP:15205]

(2 of 3)

dismissed by this Court as withdrawn vide order dated 29.01.2025.

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Learned counsel for the petitioner submits that the allegation against the accused-petitioner is of causing injury to Sabir. The investigation report discloses that the accused-petitioner was asking the complainant not to roam near about his house and when the complainant continuing to roam around his house, the alleged incident has taken place. Learned counsel also submits that initially only one injury inflicted by the accused-petitioner was opined to be grievous in nature but lateron it was held to be dangerous to life.

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Considered the submissions made by counsel for the petitioner and also perused the material available on record. 6. Learned counsel has failed to point out any material change circumstances subsequent to the dismissal of the second bail application on 29.01.2025.

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The second bail application was dismissed as withdrawn vide order dated 29.01.2025. Learned counsel has also relied upon the statements of the injured witness-Sabir who has been examined as PW-10 on 03.01.2025 and thereafter, the second bail application of the accused-petitioner was dismissed on 29.01.2025. Meaning thereby whatever were there in the statements of the injured-Sabir that have been taken into consideration while dismissing the second bail application.

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