VIJAY KUMAR @ BHOMA S/O ASHOK KUMAR v. THE STATE OF RAJASTHAN
CRLMB/6814/2025 · 2025-07-30
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19717 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19717 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:28793] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 6814/2025 Vijay Kumar @ Bhoma S/o Ashok Kumar, Aged About 25 Years, R/o School Ke Pass Todgarh At Present Regraan Mohalla Chota Baas Beawar A At Present America Baadiya, Beawar (At Present Confined In Central Jail, Ajmer). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Surendra Singh For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 30/07/2025 1 The instant second bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused- applicant was arrested in connection with FIR No. 428/2021 registered at Police Station Beawar City District Ajmer for the offence(s) under Sections 143, 341, 323, 379, 427 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 (Amended 2015).
2.
Learned counsel for the applicant has submitted that medical was conducted after a month of the incident, therefore, injury report is tainted. It is further submitted that trial is taking time (pending from three years) which is violating the fundamental rights of the applicant as enshrined under the provisions of Article 21 of the Constitution of India.
[2025:RJ-JP:28793] (2 of 2) [CRLMB-6814/2025]
3. Learned Public Prosecutor has stoutly opposed the instant bail application.
4. Heard and considered.
5. Having heard the contentions made by the learned counsel for the parties and upon a perusal of the material available on record, this Court is of a view that present is second bail application and in the first bail application the material facts were considered; that there are strong criminal antecedents registered against the present accused-applicant of akin nature as that of the matter at hand; that in the alleged offence accused-applicant has inflicted life threatening injuries and has used ‘danda’, saria, and hammer; that the accused applicant is a habitual offender; that there is no substantial change in circumstances ever-since dismissal of the first bail application.
6. In view of the above, the instant second bail application is dismissed.
(SAMEER JAIN),J JKP/29