[2025:RJ-JP:21494] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2901/2025 Manish Kumar S/o Suman Prakash, Aged About 30 Years, R/o Gajpura P.s. Bari Sadar Presently Residing Sapau Road, Bari, P.s Bari Dist. Dholpur. (Raj) (Presently Residing At District Jail, Dholpur) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 3752/2025 Bhagwandas S/o Nihal Singh, Aged About 25 Years, R/o Khanpur Gurjar P.s Sadar Bari Presently Residing Iqbalpur (Khavelpur), P.s Kanchanpur, District Dholpur (Raj.) (Presently Residing At District Jail, Dholpur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Deepak Khandelwal with Ms. Gauri Meena For Respondent(s) : Mr. Naresh Kumar Gupta, PP Mr. Mahendra Shandliya, Mr. Harendra Singh, Mr. Balram Vashistha, Mr. Anshuman Saxena, Mr. Ramit Pareek HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 21/05/2025 1. The petitioners have filed these bail applications under Section 483 of BNSS in FIR No. 23/2025 registered at Police [2025:RJ-JP:21494] (2 of 4) [CRLMB-2901/2025] Station Bari District Dholpur for offences under Sections 115(2), 117(2), 126(2), 109(1), 351(2) and 324(4) of BNS, 2023. 2. Since both these bail applications arise out of common FIR, hence they are being decided by this single order. 3. Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record. 4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in the present cases. He further submits that the offence is alleged to have been committed on 16.1.2025 and just after that statement of injured Ramniwas Mittal was recorded on 19.1.2025 in which no act was attributed to the present petitioners and injured has raised suspicion about brother of Boby Thakur and Sugard Singh Gurjar thereafter on the basis of additional statement recorded on 15.2.2025, victim has improved his statement on which basis, the police has implicated the present petitioners on false and concocted grounds. Learned counsel contended that no injury was caused on vital part of the body of injured Ramniwas and as per the medical opinion and the charge-sheet so called alleged injuries are not dangerous to life. He argued that the petitioners are behind the bars since 21.1.2025. Charge-sheet has been filed, therefore, no fruitful purpose would be served by keeping the petitioners in further custody. The trial of the case will take considerable time, therefore, the bail application of the petitioners may be allowed. 5. On the contrary, learned counsel for the complainant has vehemently opposed the bail application and contended that injured Ramniwas Mittal is an old man of 70 years and practicing [2025:RJ-JP:21494] (3 of 4) [CRLMB-2901/2025] lawyer. He was admitted in hospital for 20 days and repeated blows are there which are sufficiently dangerous to life in ordinary course of nature in view of his old age. He further urged that as per the medical report nine injuries have been caused to the injured out of which three injuries are grievous in nature. Counsel for the complainant contended that the petitioners have threatened the injured not to appear in a particular case and such type of incidents are increasing day by day. Learned counsel further submits that if the petitioners are released on bail, they may again threaten the victim and may prevent him to record his statements during trial. Therefore, in that background, the petitioners are not entitled to be released on bail. 6. While endorsing the contentions raised by learned counsel for the complainant, learned Public Prosecutor has urged that the petitioners are not entitled to be enlarged on bail. 7. On consideration of the rival submissions and material available on record and deliberating all the facts and circumstances of the case especially the fact that as per opinion of the doctor there is absence of injury on vital part of the body of injured, custody period of petitioners and factum of submission of charge-sheet but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. 8. Consequently, the bail applications under Section 483 B.N.S.S. are allowed and it is directed that the petitioners Manish Kumar and Bhagwandas be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the [2025:RJ-JP:21494] (4 of 4) [CRLMB-2901/2025] learned trial court with the stipulation that they shall appear before that Court on all subsequent dates of hearing till conclusion of the trial. 9. If the petitioners contact or threaten the victim Ramniwas in any manner then the complainant would be free to move an application for cancellation of bail before the concerned court. (PRAMIL KUMAR MATHUR),J BRIJ MOHAN GANDHI 77/65-66