Rajasthan High Court – Jodhpur
Krishan Pal @ Kuldeep Singh vs State Of Rajasthan (2025:Rj-Jd:5753) on 29 January, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:5753]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 352/2025
Shakti Singh S/o Shri Karan Singh, Aged About 18 Years, R/o
Tanka Ki Dhani, Manana, P.s. Dist Deedwana Kuchaman (Raj)
(Petitioner Is Lodged In Sub Jail Makrana, Dist Nagaur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 1259/2025
Krishan Pal @ Kuldeep Singh S/o Shri Bankat Singh, Aged About
24 Years, R/o Chavandia, P.s. Makrana, Dist. Didwana,
Kuchaman, Raj. (Lodged In Dist. Jail, Parbatsar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
S.B. Criminal Miscellaneous Bail Application No. 1260/2025
Shivraj Singh S/o Laxman Singh, Aged About 22 Years, R/o
Tanka Ki Dhani, Manana, P.s. Makrana, Dist. Deedwana-
Kuchaman,raj. (Lodged In Sub Jail, Makrana)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Devendra Mahalana
Mr. Puna Ram Sen
Mr. Krishanpal Singh Bhati
For Respondent(s) : Mr. Sharwan Singh Rathore, PP
Mr. Sanjay Bishnoi &
Mr. Ram Prakash Dudi for complainant
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
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[2025:RJ-JD:5753] (2 of 4) [CRLMB-352/2025]
29/01/2025
These applications for bail under Section 439 Cr.P.C. (483
BNSS) have been filed by the petitioners who have been arrested
in connection with F.I.R. No.386/2024, registered at Police Station
Makrana, District Deedwana-Kuchaman, for offences under
Sections 189(2), 331(6), 326(g), 115(2), 324(4) and 117(2) of
BNS.
Learned counsel for the petitioners submitted that the
petitioners had no motive to commit the alleged crime. Learned
counsel submitted that on 31.10.2024, a free fight took place
between the parties wherein the injuries have been received by
the complainant party as well as by the accused persons. Learned
counsel submitted that for the alleged incident which occurred on
31.10.2024, a cross FIR No.387/2024 has been lodged at P.S.
Makrana, District Deedwana-Kuchaman against the complainant
party wherein the police after making a thorough investigation has
prima facie found the allegations levelled against the members of
the complainant party to be correct.
Lastly, learned counsel for the petitioners submitted that the
petitioners are in judicial custody 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 as well as learned
counsel for the complainant have vehemently opposed the bail
application. Learned counsels for the complainant submitted that
in the alleged incident which occurred on 31.10.2024, the
petitioners had brutally beaten the injured persons without there
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[2025:RJ-JD:5753] (3 of 4) [CRLMB-352/2025]
being any provocation and looking to the seriousness of the
allegations levelled against the present petitioners, they do not
deserve to be enlarged on bail.
Heard learned counsel for the parties at Bar. Perused the
material available on record.
This Court looking to the nature of allegations levelled
against the present petitioners, vide order dated 15.01.2025
directed the learned Public Prosecutor to call for the case diaries
pertaining to FIR Nos.386/2024 and 387/2024, registered at Police
Station Makrana, District Deedwana-Kuchaman.
In compliance of this Court’s order dated 15.01.2025, the
learned Public Prosecutor has produced the case diaries.
After perusing the case diaries, this Court prima facie finds
that the allegations levelled against the members of the
complainant party in the FIR No.387/2024 have been prima facie
found to be correct by the Investigating Agency. This Court prima
facie also finds that in the alleged incident which occurred on
31.10.2024, the injuries allegedly inflicted by the petitioners upon
the injured persons are simple in nature. This Court further prima
facie finds that the petitioners are in judicial custody and the trial
in the present case is not likely to be concluded in the near future;
and the prosecution has not shown any apprehension of the
present petitioners influencing the material prosecution witnesses
of the case or fleeing away from justice or tampering with the
evidence, in case, they are enlarged on bail. SThus, without
expressing any opinion on merits/demerits of the case, this Court
is inclined to enlarge the petitioners on bail.
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[2025:RJ-JD:5753] (4 of 4) [CRLMB-352/2025]
Consequently, these bail applications under Section 439
Cr.P.C. (483 BNSS) are allowed. It is ordered that the accused-
petitioners- (1) Shakti Singh S/o Shri Karan Singh, (2)
Krishan Pal @ Kuldeep Singh S/o Shri Bankat Singh and (3)
Shivraj Singh S/o Laxman Singh arrested in connection with
F.I.R. No.386/2024, registered at Police Station Makrana, District
Deedwana-Kuchaman, 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.
It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
applications. The trial Court shall not get prejudiced by the same.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J
241-243-himanshu/-
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