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2025 DAILYLAW 19098 (RAJ)

RAHUL @ RAJESH S/O MUKESH v. STATE OF RAJASTHAN

CRLMB/6605/2025 · 2025-08-12

Ashutosh Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:31194] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 6605/2025 Rahul @ Rajesh S/o Mukesh, Aged About 19 Years, R/o Gali Near Oil Factory Near Thakur Baba Ka Chabutra Thana Kotwali District Baran At Present Near Indragandhi Ki Murti Rented House Of Prahlad Meena Gobriya Babdi Thana Anantpura Kota. (At Present Confined At Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan, Adv. For Respondent(s) : Mr. Rajendra Singh Shekhawat, Add.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 12/08/2025 1. The First Bail Application was dismissed as withdrawn by this Court vide order dated 01.05.2025. 2. The present is a Second bail application filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 08.05.2025 passed by learned Sessions Judge No.1 Kota (Raj.) in connection with FIR No. 33/2025, registered at Police Station Jawahar Nagar Kota City, District Kota for the offences punishable under Sections 189(2), 115(2), 126(2) & 109(2) of BNS, 2023, by which the bail application of the accused- applicant under Section 483 of the B.N.S.S, 2023 has been dismissed. [2025:RJ-JP:31194] (2 of 3) [CRLMB-6605/2025] 3. Learned counsel for the accused-applicant submits that as per the FIR, allegation of causing injury by sharp edged weapon to injured-Arindam is on co-accused-Lakshay. Learned counsel argues that role of the present accused-applicant is that he participated in this incident, however, no specific allegation of causing injury by sharp edged weapon has been levelled against the accused-applicant. Learned counsel also argues that the accused-applicant was arrested on 12.02.2025 and since then, he is behind the bars. Learned counsel contends that as per the FIR three persons namely; Rajeev, Ankur and Arindam were injured and as per the injury report of injured-Rajeev and Ankur, they have sustained only simple injury by blunt weapon. During investigation, injured-Arindam has not been examined till date and neither any medical examination regarding the injury sustained by Arindam has been conducted nor his statement has been recorded during investigation. Learned counsel further contends that there is no allegation against the present accused-applicant of causing injury to any injured person, which may be fatal in nature. Learned counsel prays that the charge-sheet has been filed and trial will take long time to conclude, therefore, the accused- applicant be enlarged on bail. 4. On the other hand, learned Public Prosecutor opposes the bail application. 5. Heard learned counsel for the parties and also perused the material available on record. 6. Having regard to the overall facts and circumstances of the case and considering the facts that there is no allegation against the present accused-applicant of causing any injury to any injured [2025:RJ-JP:31194] (3 of 3) [CRLMB-6605/2025] person, which may be fatal in nature; that the accused-applicant is 19 years old and is behind the bars since 12.02.2025; that there is no other criminal case registered against the accused- applicant; that the charge-sheet has been filed and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant. 7. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Rahul @ Rajesh S/o Mukesh, arrested in FIR No. 33/2025, registered at Police Station Jawahar Nagar Kota City, District Kota shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. 8. The Accused-Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /1