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Rajasthan High Court – Jodhpur
Lemba vs State Of Rajasthan (2025:Rj-Jd:33911) on 1 August, 2025
[2025:RJ-JD:33911]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5655/2025
Lemba S/o Haruk, Aged About 30 Years, R/o Baawdi Dooda, PS
Anand Puri, District Banswara, Rajasthan. (At Present Lodged In
Jail Banswara)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Ms. Sapna Vaishnav
For Respondent(s) : Mr. Hanuman Prajapati, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
01/08/2025
This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
connection with FIR No.244/2024 registered at Police Station
Anand Puri, District Banswara, for offences under Sections 126(2),
115(2), 109, 352, 117(2) of the BNS.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that the allegation
against the petitioner in the FIR and the statement recorded by
the competent criminal Court of injured Dadu are not
corroborating each other. She submits that as per the Medical
Report the nature of injury is may be dangerous to life. It is
submitted that the petitioner have no criminal
antecedents/criminal record; he is in custody since 09.12.2024;
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[2025:RJ-JD:33911] (2 of 2) [CRLMB-5655/2025]
charge sheet has already been filed in this matter and the trial of
the case will take sufficiently long time, therefore, the benefit of
bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail
application and submits that 7 prosecution witnesses have already
been examined by the trial Court out of 14 prosecution witnesses
and the trial is running as per its pace.
Having considered the rival submissions, facts and
circumstances of the case; after perusal of the record; more
specifically that 7 prosecution witnesses have already been
examined by the trial Court out of 14 prosecution witnesses and
considering that the trial of the case will take sufficiently long time
to conclude, without expressing any opinion on merits/demerits of
the case, this Court is inclined to enlarge the petitioner on bail.
Consequently, the bail application under Section 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
Lemba S/o Haruk, arrested in connection with FIR No.244/2024
registered at Police Station Anand Puri, District Banswara, shall be
released on bail, if not wanted in any other case, provided he
furnishes a personal bond of Rs.50,000/- and two sureties of
Rs.25,000/- each, to the satisfaction of learned trial court, for his
appearance before that court on each & every date of hearing and
whenever called upon to do so till completion of the trial.
(MUKESH RAJPUROHIT),J
77-Hanuman/-
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