The State Of Rajasthan, Through Pp v. For

: Mr. Abhishek Jhingonia For Respondent(s) : Mr. Vijay Singh Yadav, PP [2025:RJ-JP:22557] (2 of 6) [CRLMB-6929/2025] HON'BLE MR. JUSTICE ASHOK KUMAR JAIN 28/05/2025 Order

1. This instant application for bail filed under Section 483 of BNSS by the applicants-accused Giriraj S/o Ramdev, Ramswroop S/o Dhanna Lal, Premshankar S/o Dhanna Lal, Latur Lal S/o Chotu Lal, Hanuman S/o Mangi Lal, Jagdish S/o Shankar Lal and Suresh S/o Giriraj in FIR No.21/2025 dated 19.05.2025 registered at P.S. Namana, District - Bundi, whereby the applicant- accused were charged under Sections 126(2), 115(2), 118(1), 117(2), 110 and 189(2) BNS.

2. Learned counsel for the petitioners submitted that petitioners are innocent persons and they were falsely implicated by complainant as a counter-blast to FIR No.20/2025 registered by one of the petitioner accused Suresh. He further submitted that on 07.03.2025, petitioner accused Suresh has registered FIR No.20/2025 at P.S. Namana, Bundi for deadly assault upon Dhanna Lal, Ramswaroop, Hukam Chand, Manisha and Latur Lal and others. He further submitted that in cross-case the police has registered a case for attempt to murder under Section 307 IPCwhereas as a counter-blast when this FIR No.21/2025 was registered by complainant Hemraj then after investigation police has found that no injuries were there on vital parts but it is an act of complainant party. He further submitted that learned Additional Sessions Judge No.2 while considering the bail application No.195/2025 and 253/2025 have granted bail to [2025:RJ-JP:22557] (3 of 6) [CRLMB-6929/2025] accused in FIR No. 20/2025, who were found guilty for attempting murder under Section 3074 IPC. The trial court has dismissed the bail application of present petitioners despite the fact that less graver charges were alleged against present petitioners. He further submitted that disposal of sessions case will take its own time.

3. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted report received from concerned police station.

4. Heard learned counsel for the applicants-accused and learned Public Prosecutor. Perused the material placed on record.

5. On the basis of complaint filed by Hemraj, FIR No.21/2025 was registered at P.S. Namana, Dist. Bundi on 07.03.2025. During investigation, it has come to notice that on earlier occasion on 09.10.2024 there was fight between both the parties and two FIRs No.128/2024 and 129/2024 were registered by each other. In the instant case after registration, police has found involvement of Girriraj, Ramswaroop, Prem Shanker, Latur Lal, Hanuman, Jagdish, Suresh and Dhanna Lal for committing offence under Sections 126(2), 115(2), 118(1), 117(2), 110 and 189(2) BNS.

6. Learned Additional Sessions Judge No.2, Bundi while considering bail application of seven petitioners on

19.05.2025 has dismissed the same due to reasons assigned in the order. Learned counsel for petitioners has criticized the grounds of rejection of bail application but we are refraining [2025:RJ-JP:22557] (4 of 6) [CRLMB-6929/2025] ourselves from expressing opinion on merits, as same may adversely impact the merits of the case.

7. The material on record submitted by learned counsel for petitioners indicated that FIR No.20/2025 was registered on

07.03.2025 by one of the petitioner Suresh against 19 persons including Hemraj. Learned Additional Sessions Judge No.2, Bundi, after considering the bail applications of 9 accused in bail application No.195/2025 and 253/2025 have allowed the bail application in said FIR on 28.03.2025 and

24.04.2025. Learned counsel for petitioners have referred injury report of Dhanna Lal, Hukumram, Ramswaroop, Manisha, Latur Lal, Bheru Lal and Girriraj who were injured in FIR No.20/2025 P.S. Namana, Dist. Bundi. It is expected of Judicial Officer to work without fear and favour and must be free from any kind of bias towards anyone.

8. At this stage, we are not inclined to consider allegations made against the Judicial Officer who passed the bail order in FIR No.20/2025 at P.S. Namana, Dist. Bundi. Herein this case, after considering the material on record, I am of considered view that looking to overall facts and circumstances, particularly of cross-case, it is a fit case to enlarge petitioners on bail.

9. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the [2025:RJ-JP:22557] (5 of 6) [CRLMB-6929/2025] applicants-accused Giriraj S/o Ramdev, Ramswroop S/o Dhanna Lal, Premshankar S/o Dhanna Lal, Latur Lal S/o Chotu Lal, Hanuman S/o Mangi Lal, Jagdish S/o Shankar Lal and Suresh S/o Giriraj .

10. Thus, the instant bail application filed on behalf of applicants-accused Giriraj S/o Ramdev, Ramswroop S/o Dhanna Lal, Premshankar S/o Dhanna Lal, Latur Lal S/o Chotu Lal, Hanuman S/o Mangi Lal, Jagdish S/o Shankar Lal and Suresh S/o Giriraj is hereby allowed and the applicants-accused Giriraj S/o Ramdev, Ramswroop S/o Dhanna Lal, Premshankar S/o Dhanna Lal, Latur Lal S/o Chotu Lal, Hanuman S/o Mangi Lal, Jagdish S/o Shankar Lal and Suresh S/o Giriraj are ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of ₹25,000/- each by each of petitioner to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be cancelled. [2025:RJ-JP:22557] (6 of 6) [CRLMB-6929/2025]

11. The Registry is directed to send a copy of this order to the Trial Court through E-mail. PREETI VALECHA /302 (ASHOK KUMAR JAIN),J