Shyamlal S/O Shri Mangalchand Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 9265/2025

Shyamlal S/o Shri Mangalchand, R/o Dhani Sagar Ki Tan Lisariya Police Station Shrimadhopur, District Sikar, Raj. (At Present Petitioner Confined At District Sub Jail Neemkathana).

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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) : Mr. K.K. Bhinda For Respondent(s) : Mr. Shree Ram Dhakar, PP Mr. Shailendra Singh Mr. Dhananjai Singh Rathore

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HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

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Order

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05/08/2025

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The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 306/2023 registered at Police Station Shrimadhopur, District Sikar for the offence(s) under Sections 307 and 458 of IPC and Sections 3, 25 and 27 of Arms Act.

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Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in this case. According to the narration in the FIR, in the year 2022 the present petitioner threatened the injured. He further submits that the allegation of opening fire at injured Omprakash is against the other co-accused and not against the present petitioner. It is contended that the said incident took place on 30.07.2023 and petitioner was not

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found to be involved in causing fire arm injury to the injured Omprakash. The accused petitioner is in custody since 30.06.2025 and the trial of the case will take considerable time. The supplementary charge-sheet against the petitioner has already been submitted before the concerned court, therefore, the benefit of bail may be granted to the accused-petitioner.

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Learned Public Prosecutor and learned counsel for the complainant have opposed the bail application and contended that the said incident occurred at the instance of the present petitioner, who threatened the injured to suffer the dire consequences and as a result of that on 30.07.2023, injured Omprakash received fire arm injuries. The present petitioner is perpetrator of the entire conspiracy. It is also contended that petitioner remained absconded and was arrested in June 2025, therefore, the bail application of the accused-petitioner deserves to be dismissed.

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Heard and perused the material available on the record.

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The main allegations of causing fire arm injury to the injured Omprakash is attributed to other co-accused and not to the present petitioner. The presence of the petitioner at the place of occurrence was neither shown in the FIR nor any witnesses have uttered that petitioner was present at the place of occurrence. The only allegation against the petitioner is that he threatened the complainant in the year 2022 to suffer the dire consequences, therefore considering the above facts and without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

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Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Shyamlal S/o

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Shri Mangalchand, in connection with FIR No. 306/2023 registered at Police Station Shrimadhopur, District Sikar shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.

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(PRAVEER BHATNAGAR),J

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ashu /60

Shyamlal S/O Shri Mangalchand v. State of Rajasthan

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Shyamlal S/O Shri Mangalchand v. State of Rajasthan

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