State Of Rajasthan, Through Pp v. For

: Mr. Rajneesh Gupta For Respondent(s) Mr. Ram Rakh Sharma : Mr. Gaurav Sharma Mr. Shivam Sharma Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN 16/09/2025 Order

1. The present bail application under Section 483 of BNSS is filed by the applicants-accused Satyanarayan S/o Kailash and Rajesh Kumar S/o Ramgopal seeking bail in respect of a criminal case registered as FIR No.231/2025 dated

11.06.2025 registered at P.S. Sadar Dausa District - Dausa, for the offence under Sections 191(2), 191(3), 190, 126(2), 115(2), 329(3), 109(1) of BNS.

2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are [2025:RJ-JP:39001] (2 of 5) [CRLMB-10215/2025] no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

3. Learned counsel for petitioners submits that Suresh Chand has lodged a police report on 11.06.2025 for incident of

10.06.2025 against 11 persons. He further submitted that in the report, role and involvement of individuals were mentioned in detail and on the basis of report, police has investigated the matter. He further submitted that cross-FIR is also lodged for same incident as FIR No. 232/2025 by Nathulal Sharma on behalf of present accused persons. He further submitted that there was a previous animosity and a civil suit is pending between the parties, because of land dispute, and due to said dispute, the incident has occurred on sudden provocation. He further submitted that it was a free fight and there is no evidence of premeditated plan to assault complainant party. He further referred dispute as mentioned by police and submitted that the dispute pertains to construction raised by complainant party on road, resisted by accused. He also submitted that two injured, Hari Narayan and Ram Rai, were named as persons who sustained grievous injuries. He referred statement of Ram Rai recorded under Section 180 of BNSS and submitted that both injured Ram Rai and Hari Narayan had encroached upon land used as road and when they were stopped, there was a free fight. He referred statement of Hari Narayan under [2025:RJ-JP:39001] (3 of 5) [CRLMB-10215/2025] Section 180 of BNSS and submitted that after initial dispute, Satya Narayan and Rajesh had left the crime scene and the fight was between two groups. He also referred to injury report of both Hari Narayan and Ram Rai and submitted that after a long time, an opinion is procured by police and a charge sheet has been filed.

4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature.

5. Learned counsel for complainant has also opposed the bail application and submitted that earlier there was breach of peace by these petitioners and they were bound down by the Executive Magistrate but despite that they assaulted Hari Narayan and Ram Rai after knowing fully well that land is in their possession. He further submitted that after assault, son of present petitioner has intimidated and updated his status to show might about assault and further consequence.

6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties.

7. On the basis of complaint lodged by Suresh Chand on

11.06.2025 about incident of 10.06.2025 between 16:00 hours to 19:00 hours, a report was registered and the matter investigated. The timeline clearly indicates that after few hours of the incident, a report was lodged by the complainant. A cross-case FIR No. 232/2025 was registered at PS on 11.06.2025, which means almost 23 hours after the incident. A civil suit was filed by Kalyan Sahay and others [2025:RJ-JP:39001] (4 of 5) [CRLMB-10215/2025] against Hiralal and others for permanent and perpetual injunction regarding construction and obstruction on easementary right of way and public place by defendants. The present petitioners are plaintiff side and the complainant is defendant side. During investigation, police recorded statements of injured Ram Rai and Hari Narayan, and both of them named Rajesh and Satya Narayan for deadly assault. Injury report of Ram Rai indicated that he sustained 6 injuries, and injury nos. 1 and 2 were found grievous after X-ray of chest. Another injured, Hari Narayan, sustained 4 injuries, and injury nos. 1 and 3 were found grievous in nature. The X-ray suggests fractures on the left side of parietal bone and temporal bone. As per opinion dated

04.08.2025, injury nos. 1 and 2 were not found dangerous to life. Police sought opinion regarding injury nos. 1 and 2 of injured Ram Rai, and on 08.08.2025, Medical Jurist Dr. Ravikant opined that injury nos. 1 and 2 collectively are dangerous. In this case, Learned Counsel for Complainant has filed treatment record for perusal of this Court, and we have considered the report as submitted. The important factor is that the age of Hari Narayan is 68 years and Ram Rai is 71 years, a civil suit is already filed by petitioner party, and moreover the allegations indicate that they were bound down to maintain peace.

8. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicants is prima facie sufficient to consider complicity of applicants in the crime. Therefore, at this juncture, considering the [2025:RJ-JP:39001] (5 of 5) [CRLMB-10215/2025] evidence collected so far, this is not a fit case to enlarge the applicants accused on bail.

9. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicants accused at this stage.

10. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Satyanarayan S/o Kailash and Rajesh Kumar S/o Ramgopal is hereby dismissed.

11. Learned trial court is directed to record statement of both injured Hari Narayan, Ram Rai and Dr. Ravikant on priority basis. PREETI VALECHA /143 (ASHOK KUMAR JAIN),J