S.B. Criminal Miscellaneous Bail Application No. 15957/2024 v. Connected With S.B. Criminal Miscellaneous Bail Application No. 13639/2024

: Mr. Rajendra Singh Chouhan For Respondent(s) : Mr. Rajesh Bhati, PP Mr. Sanjay Mathur for Complainant HON'BLE MR. JUSTICE KULDEEP MATHUR Order 10/01/2025

These applications for bail under Section 483 BNSS have been filed by the petitioners who have been arrested in connection with F.I.R. No.108/2024, registered at Police Station Gachhipura, District Deedwana-Kuchaman for the offences punishable under Sections 115(2), 109(1), 303(2), 331(5), 351(2)/3(5) of BNS.

Heard learned counsel for the parties at Bar. Perused the material available on record.

Drawing attention of the Court towards the FIR and the challan papers, learned counsel for the petitioners submitted that the specific [2025:RJ-JD:1860] (2 of 3) [CRLMB-15957/2024] allegation of inflicting head injury with a sharp weapon (axe) upon the injured- Smt. Govind Kanwar has been levelled against the co- accused Nandu Kanwar. Learned counsel further submitted that as per the injury report of the injured-Smt. Govind Kanwar, in the alleged incident which occurred on 28.08.2024, she has sustained one grievous and nine simple injuries and in the opinion of medical jurist dated 04.10.2024, all the injuries are deemed to be collectively dangerous to life without medical care. Learned counsel submitted that the injury inflicted by the petitioner upon the injured-Smt. Govind Kanwar is though grievous in nature but not upon her vital body part.

Lastly, learned counsel for the petitioners submitted that the petitioners are in judicial custody; trial of the case will take sufficiently long time to conclude; therefore, no fruitful purpose would be served by keeping the petitioners behind the bars for an indefinite period. On these grounds, learned counsel for the petitioners prayed that the petitioners may be enlarged on bail.

4. Per contra, learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail applications and submitted that looking to the seriousness of allegations levelled against the present petitioners, the petitioners do not deserve to be enlarged on bail. Learned counsel, thus, prayed that the present bail applications may be rejected.

Having considered the rival submissions, facts and circumstances of the case and after perusing the injury report of the injured- Smt. Govind Kanwar, this Court prima facie finds that the specific allegation of inflicting head injury upon the injured- Smt. Govind Kanwar has been levelled against the co-accused Nandu Kanwar. This court also [2025:RJ-JD:1860] (3 of 3) [CRLMB-15957/2024] prima facie finds that as per injury report, injury No.1 allegedly inflicted upon the injured Smt. Govind Kanwar is though grievous in nature but not on her vital body part. This Court also finds that the prosecution has not shown any apprehension of the petitioners influencing the witnesses or tampering with the evidence or fleeing away from justice in case, they are enlarged on bail by this Court. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioners on bail.

Consequently, the bail applications under Section 483 BNSS are allowed. It is ordered that the accused-petitioners 1. Kesar Singh S/ o Shri Anop Singh, 2. Mool Singh S/o Anop Singh and 3. Gopal Singh S/o Kundan Singh arrested in connection with F.I.R. No.108/2024, registered at Police Station Gachhipura, District Deedwana Kuchaman shall be released on bail, if not wanted in any other case, provided each of them furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for their appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.

It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same. 81-mohit/- (KULDEEP MATHUR),J