[2023/RJJP/012746]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 7161/2022

1.

Ramkaran Singh S/o Bhuraram, Aged About 61 Years,

Resident Of Kumawas, Police Station Nawalgarh, District

Jhunjhunu (Raj.)

2.

Reshma Devi W/o Shri Ramkaran Singh, Aged About 60

Years, Resident Of Kumawas, Police Station Nawalgarh,

District Jhunjhunu (Raj.)

3.

Ramesh Kumar S/o Shri Ramkaran Singh, Aged About 35

Years, Resident Of Kumawas, Police Station Nawalgarh,

District Jhunjhunu (Raj.)

----Petitioners

Versus

State Of Rajasthan, Through P.p.

----Respondent

Connected With

S.B. Criminal Miscellaneous Application No. 397/2022

1.

Ramkaran Singh S/o Bhuraram, Aged About 61 Years,

Resident Of Kumawas, Police Station Nawalgarh, District

Jhunjhunu (Raj.)

2.

Reshma Devi W/o Shri Ramkaran Singh, Aged About 60

Years, Resident Of Kumawas, Police Station Nawalgarh,

District Jhunjhunu (Raj.)

3.

Ramesh Kumar S/o Shri Ramkaran Singh, Aged About 35

Years, Resident Of Kumawas, Police Station Nawalgarh,

District Jhunjhunu (Raj.)

----Petitioners

Versus

State Of Rajasthan, Through P.p.

----Respondent

S.B. Criminal Miscellaneous Bail Application No. 7162/2022

1.

Nemichand S/o Shyoram, Aged About 44 Years, Resident

Of Kumawas, Police Station Nawalgarh, District Jhunjhunu

(Raj.)

2.

Sunita Devi W/o Nemichand, Aged About 43 Years,

Resident Of Kumawas, Police Station Nawalgarh, District

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Jhunjhunu (Raj.)

----Petitioners

Versus

State Of Rajasthan, Through P.p.

----Respondent

For Petitioner(s)

:

Mr. Pankaj Gupta, Adv.

For Respondent(s)

:

Mr. Mangal Singh Saini, PP

Mr. Sandeep Lamba, Acv. through VC

Mr. Sanjay Yadav, Adv.

Mr. Mridul Kacchawa, S.P. Jhunjhunu

Mr. Vinod Sankhala, SHO, P.S.

Nawalgarh

HON'BLE MR. JUSTICE SAMEER JAIN

Order

31/05/2023

1.

The present bail applications have been filed under Section

438 Cr.P.C. in connection with FIR No. 177/2021 registered at

Police Station Nawalgarh, District Jhunjhunu for the offence(s)

under Section 147, 148, 149, 342, 323, 325, 326, 308 & 504 of

IPC.

2.

Learned counsel for the accused-applicants submits that the

incident in question occurred on 28/29.03.2021, which was an

inter-se fight between the accused-applicants and the complainant

party, who are relatives and neighbours, on acccount of long

standing land dispute. Learned counsel contends that complainant

party were the aggressors, who initiated the fight in question and

on account of which cross FIRs were filed. The FIR No. 177/2021

dated 29.03.2021 was filed by the complainant and FIR No.

179/2021 dated 29.03.2021 was filed by the accused-applicants.

Initially, the offence alleged against the accused-applicants were

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all bailable and accordingly the accused-applicants were enlarged

on bail under Section 436 of CrPC. However, the complainant, in

connivance with higher police authorities, got the non-bailable

offence under Section 308 and Section 326 of IPC added against

the accused-applicants. Against this, the accused-applicants

preferred a S.B. Criminal Misc. Petition No. 5950/2021 under

Section 482 of CrPC and this Court granted interim protectiom

from arrest to the accused-applicants vide order dated

16.11.2021, which is still continuing. Thereafter, vide order dated

04.05.2022 (Annexure-5), the learned Sessions Court cancelled

the bail granted to the accused-applicants after considering the

factum of addition of aggravated offenses under Section 308 and

326 of IPC.

3.

In this regard, the accused-applicants have filed the present

anticipatory bail application wherein interim protection was

granted to the applicants on 24.05.2022, which is in operation as

on date, and therefore a prayer is made to make the same

absolute. In this regard, reliance is placed on Apex Court

judgments of Abhishek Kumar vs. Stat