Rajasthan High Court – Jodhpur
Bhajan Lal vs State Of Rajasthan (2025:Rj-Jd:27233) on 16 June, 2025
[2025:RJ-JD:27233]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6039/2025
Bhajan Lal S/o Bhagirth Ram, Aged About 22 Years, R/o
Virmaniyo Ki Dhani Chainpura, Police Station Dhorimana, District
Barmer.
(At Present Lodged In Sub Jail Sanchore)
----Petitioner
Versus
State Of Rajasthan, Through Public Prosecutor
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 6037/2025
Sanwala Ram S/o Damra Ram, Aged About 37 Years, R/o
Badsam, Police Station Sanchore, District Jalore.
(At Present Lodged In Sub Jail Sanchore)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 6041/2025
Bhajan Lal S/o Surjanram, Aged About 30 Years, R/o Surta Ki
Dhani, Sankad, Police Station Sanchore, District Jalore,
(Rajasthan).
(At Present Lodged In District Jail, Jalore)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 7059/2025
Prakash S/o Rughnathram, Aged About 30 Years, R/o Near Shiv
Mandir Gudamalani District Barmer Rajasthan.
(At Present Lodged In Sub Jail Sanchore)
----Petitioner
Versus
State of Rajasthan, Through P.P.
----Respondent
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For Petitioner(s) : Mr. Dinesh Vishnoi
Mr. Anand Purohit, Sr. Advocate
assisted by Mr. Mayank Roy
For Respondent(s) : Mr. Deepak Choudhary, GA-cum-AAG
Mr. Urja Ram Kalbi, Public Prosecutor
Mr. Rajiv Bishnoi for Mr. Vineet Jain,
Sr. Advocate for complainant
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
16/06/2025
These applications for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioners who have been arrested
in connection with F.I.R. No.424/2023, registered at Police Station
Sanchore, District Jalore for the offences under Sections 341,
302/34, 212, 201 & 120B IPC and Section 3/25 of the Arms Act.
Heard learned counsel for the petitioners, learned Public
Prosecutor and the learned counsel for the complainant. Perused the
material available on record.
As per the case of the prosecution, on 08.08.2023 the
complainant Tejaram has a given a written report to the effect that,
his brother Laxman is a liquor contractor. On 07.08.2023 at about
5:30 pm, his brother Laxman along with Ramesh Rebari was going
to his liquor godown situated at Makhupura in his Scorpio car. The
said Scorpio was being driven by Ramesh Rebari. When they
reached near hotel Galaxy Paradise, National Highway Tharad
Road, goons of Prakash Godara came chasing them in a Fortuner
Car and they restrained their way with the said Scorpio and with
an intention to kill his brother Laxman, three accused persons
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fired many gun shot with the revolver. Vasram, Ragaram, Vikram,
Madharam, Vachan Singh were also coming behind them in
another vehicle who came to rescue his brother. After seeing
them, the accused persons ran away from the spot in their
Scorpio. Laxman succumbed to the gun shot injuries. The
allegation of said incident was levelled against the accused
Prakash Godara who caused the murder of his brother Laxman in
the aforesaid firing. Earlier also before this incident, accused
Mukesh, Tag Singh, Sunil @ Gopiya, Vikky, Kamlesh, Bhajanlal
along with other accused persons have made firing on his brother
Laxman with an intention to kill his brother.
Learned counsel for the petitioners argued that accused-
petitioners have no concern with the present incident. They have
been falsely implicated in the present case. The whole allegations
are levelled against co-accused Prakash Godara and his goons.
They have not been in the FIR.
Learned counsel for the petitioners further submitted that
co-accused Usman @ Bablu, Mangi Lal @ Tatiya, Suresh Kumar,
Tag Singh, Kamlesh Kumar, Vikas @ Vikki, Omprakash @ Pappu
Ram, Lalit, Bhupendra, Hanuman Ram, Ghewarchand, Vishnu @
Vishnu Khudala and Mahesh by a Co-ordinate Bench of this Court
vide orders dated 24.04.2024, 29.05.2024, 02.07.2024,
24.04.2024, 10.05.2024, 27.08.2024, 27.08.2024, 22.02.2024,
22.02.2024, 29.05.2024, 02.07.2024, 17.09.2024 and
01.03.2024, passed in S.B. Criminal Misc. Bail Application
Nos.3233/2024, 5945/2024, 7995/2024, 2903/2024, 5437/2024,
9260/2024, 8497/2024, 12087/2023, 12718/2023, 5944/2024,
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[2025:RJ-JD:27233] (4 of 5) [CRLMB-6039/2025]
7289/2024, 5946/2024 & 11596/2023 respectively. The case of
the present petitioners is not different than that of the co-accused
aforesaid who have granted bail.
Learned counsel for the petitioners further submitted that
there are no material available on record to connect the present
petitioners with the alleged offence. Learned counsel further
submitted that the petitioners are in judicial custody since long
and the trial of the case will take sufficiently long time, therefore,
the benefit of bail may be granted to the accused-petitioners.
Per contra, learned Public Prosecutor and learned counsel for
the complainant have vehemently opposed the bail applications
and submitted that principal accused Prakash Godara along with
other co-accused persons assaulted on Laxman (brother of the
complainant) with an intention to kill him. Three accused persons
fired many gun shot with the revolver. Vasram, Ragaram, Vikram,
Madharam, Vachan Singh were also coming behind them in
another vehicle who came to rescue his brother. After seeing
them, the accused persons ran away from the spot in their
Scorpio. Laxman succumbed to the gun shot injuries. However,
learned Public Prosecutor does not dispute the fact that the case
of the present petitioners is on similar footing as the case of the
co-accused persons aforesaid who have been enlarged on bail.
Having considered the rival submissions; considering the
facts and circumstances of the case; also considering the fact that
the principal accused in the present case is Prakash Godara;
accused-petitioners have not been named in the FIR; considering
the fact that the co-accused Usman @ Bablu, Mangi Lal @ Tatiya,
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Suresh Kumar, Tag Singh, Kamlesh Kumar, Vikas @ Vikki,
Omprakash @ Pappu Ram, Lalit, Bhupendra, Hanuman Ram,
Ghewarchand, Vishnu @ Vishnu Khudala and Mahesh have been
enlarged on bail by a Co-ordinate Bench of this Court; without
expressing any opinion on merits/demerits of the case, this Court
is inclined to enlarge the petitioners on bail.
Consequently, these bail applications under Section 483 of
BNSS (439 Cr.P.C.) are allowed. It is ordered that the accused-
petitioners (1) Bhajan Lal S/o Bhagirth Ram (2) Sanwala
Ram S/o Damra Ram (3) Bhajan Lal S/o Surjanram & (4)
Prakash S/o Rughnathram, arrested in connection with F.I.R.
No.424/2023, registered at Police Station Sanchore, District
Jalore, shall be released on bail, if not wanted in any other case,
provided each of them furnishes a personal bond of Rs.50,000/-
and two sureties of Rs.25,000/- each, to the satisfaction of
learned trial court, for their appearance before that court on each
& every date of hearing and whenever called upon to do so till
completion of the trial.
(CHANDRA PRAKASH SHRIMALI),VJ
113, 114, 115 & 118 -Ravi Khandelwal
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