State Of Rajasthan, Through Pp v. Connected

: Mr. Rambabu Sharma, Adv. Mr. Manish Gupta, Adv. Mr. Indra Raj Saini, Adv. Mr. Nikhil Saini, Adv. Mr. Jiya Ur Rahman Adv. : : Mr. Sandesh Khandelwal, Adv. Mr. Amit Kumar Gupta, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN 11/06/2025 Order

1. These applications for bail filed under Section 483 of BNSS by the applicants-accused Deepak Singh, Sagar Nayak @ Putin, Puranmal @ Baliram and Sabir @ Sabbi in FIR No. 63/2025 dated

26.02.2025 registered at Police Station Ramgarh, District-Alwar, whereby the petitioners-accused have charged under Sections 115(2), 333, 3(5) and 109(1) of BNS.

2. The applicants were arrested on 26.02.2025 and are in judicial custody since then. The Court below has dismissed the bail application.

3. Learned counsels for the applicants relying upon grounds raised in bail applications submit that the applicants are innocent and falsely implicated in the present case. Further, they submitted that the investigation relating to present applicants is complete and are no more required by the Investigating Agency for investigation. They further assures that in case, the applicants are required for further investigation, the applicants will be available for such investigation. They also submitted that the trial will take its own time and no purpose will be served by keeping the applicants in custody. [2025:RJ-JP:23085] (3 of 6) [CRLMB-5060/2025]

4. Learned counsels for the applicants submits that initially a report was registered against unnamed persons, and later when the statement of injured was recorded he has not named any of the applicants but in his supplementary statement he made improvements and named the applicants. He further submitted that as per evidence recorded by police there were involvement of other persons in assaulting the injured Tulsiram. He also submitted that there is a political rivalry and animosity between the parties and due to political rivarly and animosity these applicants were named. Learned counsels have further submitted that the investigation is complete and there is no criminal antecedents against the applicants. He further submitted that except one injury on head, no injury was inflicted on any other vital part. He further submitted that there is no direct evidence of involvement of any of petitioner in the incident and they are entitled for bail. Learned counsel for Sagar Nayak, Puran Mal @ Baliram and Sabir @ Sabbi submitted that these persons were arrayed as a conspirators.

5. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for the complainant. Learned counsel for the complainant has referred the complaint made against the wife of Puranmal @ Baliram, and submitted that this is a case of hiring criminals on contract to teach a lesson to injured. He referred criminal antecedents of Bharat Singh, Tarun @ Bhatti Singh, Gurudayal @ Gourav and Vasudev Nayak and submitted that these persons were involved in murder and dacoity cases. He also submitted that Puranmal @ Baliram has engaged the [2025:RJ-JP:23085] (4 of 6) [CRLMB-5060/2025] criminals to assault injured, who sustained grievous and life threatening injury on vital part (head).

6. Heard learned counsels for applicants, learned counsel for complainant and learned Public Prosecutor. Perused material placed on record by both parties.

7. During course of arguments, learned counsel for Puranmal @ Baliram has offered to withdraw bail application under Section 483 BNSS with liberty to file again. Having considered the submission, the bail application of Puranmal @ Baliram is dismissed as withdrawn with liberty aforesaid.

8. On basis of Parcha Bayan of injured Tulsiram recorded on

26.02.2025, FIR was registered against unnamed persons, having age of 25-30 years armed with Hockey and Iron rods. During investigation, police has recorded the statement of Tulsiram under Section 180 of BNSS, wherein he named Gourav @ Gurudayal, Deepak Singh and Vasudev for assaulting him at the instance of Balliram Saini. In his statement, Tulsiram has named Bharat Singh Nayak as Contractor to receive money from Balliram for assaulting him. Police has further recorded supplementary statement of Tulsiram under Section 180 of BNSS and we have considered statement as well, wherein he named Tarun @ Bhatti Saini, Sagar Nayak and Sabi Mev. We have considered injury report of Tulsiram and out of six injuries, injury No. 1 was found to be grievous in nature. Injury No. 1 is fracture of left frontal bone and same is confirmed from CT Scan report dated 26.02.2025/28.02.2025.

9. A perusal of conclusion drawn by police, indicated that due to some complaint by injured Tulsiram and others, against corruption by Chairman Shakuntla Saini W/o Puranmal @ Baliram, her [2025:RJ-JP:23085] (5 of 6) [CRLMB-5060/2025] husband Balliram Saini contacted a known criminal Bharat Singh Nayak to teach a lesson to Tulsiram and Bharat Singh Nayak has engaged three persons Gourav @ Gurudayal, Deepak Singh and Vasudev Nayak for assault upon Tulsiram. Herein Deepak Singh, Sagar Nayak @ Putin and Sabir @ Sabbi are before us, whose bail applications were dismissed by learned Sessions Court. Except present case, there is no other criminal case against these applicants. Other two persons Sagar Nayak @ Putin and Sabir @ Sabbi were named by injured in his supplementary statement. The injured has not assigned injury upon head to Deepak Singh, rather his role was to give blow upon hand.

10. Having considered the role of Deepak Singh, Sagar Nayak @ Putin and Sabir @ Sabbi as mentioned in charge sheet, I am of considered view that these applicants are in custody and charge sheet has already been filed, therefore, without expressing any opinion on merits of the case, it is appropriate to allow bail to these petitioners.

11. Thus, these bail applications filed on behalf of applicants- accused Sabir @ Sabbi, Deepak Singh and Sagar Nayak @ Putin are hereby allowed and the applicants, is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount by each of applicant 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. [2025:RJ-JP:23085] (6 of 6) [CRLMB-5060/2025] (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 violated of above conditions, the bail granted to applicants shall be liable to be cancelled.

12. Bail application No. 7077/2025 filed by Puranmal @ Balliram is dismissed as withdrawn with liberty to file at subsequent stage.

13. The Registry is directed to send a copy of this order to the Trial Court through E-mail. Tahir/115-118 (ASHOK KUMAR JAIN),J