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2025 Supreme(Online)(Raj) 11788

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Pramil Kumar Mathur, J
Rahul Bairwa – Appellant
Versus
State Of Rajasthan – Respondent
Criminal Miscellaneous Bail Application No. 9548/2025 | Criminal Miscellaneous Bail Application No. 9549/2025 | Criminal Miscellaneous Bail Application No. 9809/2025



Advocates:
For the Appellants/Petitioners: Javed Mohd. Khan, Chhavi Chaturvedi, Nawab Ali Rathore, Tejashwi Sharma
For the Respondents: Jaiprakash Tiwari, PP

Court grants bail based on lack of serious injury and implication of petitioners, emphasizing the need for a fair trial.

Headnote:The petitioners filed bail applications under Section 483 of BNSS in FIR No.481/2025 for offences under Section 309(6) of BNS. The court found that the petitioners have been falsely implicated, and the injuries are not life-threatening, warranting their release on bail. The main legal issues addressed the suitability of granting bail based on the merits of the implications and the necessity of custody during the trial process. Therefore, the bail applications are granted, allowing the petitioners to be released upon certain conditions.

Table of Content
1. petitioners filed bail applications. (Para 1)
2. arguments presented regarding the petitions. (Para 2 , 4)
3. court observations on the merits of the case. (Para 3 , 5)

Order

08/10/2025

1. The petitioners have preferred these bail applications under Section 483 of BNSS in FIR No.481/2025 registered at Police Station Pratap Nagar (Jaipur City (East), District-Jaipur City (East) for offences under Section 309(6) of BNS. Since both the bail applications have arisen from common order, hence, they are being decided by this single order.

2. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record.

3. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in these cases. He further submits that there is no medical evidence of any alleged injury. The injuries purported to have been caused are not dangerous to life, as per the records available. Charge-sheet has been filed. Petitioners are behind the bars since 04.07.2025 and without any criminal past. The trial of the case may take considerable time, therefore, no fruitful purpose would be served by keeping the petitioners in further custody, hence, the bail applications of the petitioners may be allowed.

4. Learned Public Prosecutor has vehemently opposed the bail applications.

5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, and without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners. 6. Accordingly, the bail applications under Section 483 B.N.S.S. are allowed and it is ordered that the petitioners-Rahul Bairwa S/o Shree Hansraj Bairwa, Vikash @ Chhirkoot Raigor S/o Chandra Mohan Raigor and Jeetu Saini S/o Shri Tejmal Saini shall be released on bail on their furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each of them to the satisfaction of the learned trial court for their appearance before that Court on all the dates till conclusion of the trial.

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