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2025 DAILYLAW 20720 (RAJ)

MAHESH KUMAR S/O SH. RICHHPAL v. THE STATE OF RAJASTHAN

CRLMB/7155/2025 · 2025-05-30

Sudesh Bansal

body2025

Judgment text

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[2025:RJ-JP:22611] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IInd Bail Application No. 7155/2025 Mahesh Kumar S/o Sh. Richhpal, R/o Dhani Kumbhakala Tan Purana Bas Kotda, Police Station Sadar Neem Ka Thana, District Neem Ka Thana. (At Present Confined In District Jail Neem Ka Thana). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manvendra Singh For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 30/05/2025 1. Instant second bail application has been filed by petitioner under Section 483 of BNSS in connection with FIR No.328/2023 registered at Police Station Sri Madhopur, District Neem Ka Thana for the offence(s) under Sections 147, 149, 323, 342, 325, 459, 307 and 120-B IPC. 2. Counsel for petitioner submits that after rejection of first bail application vide order dated 20.01.2025, statements of injured- Ashok have been recorded; grievous injuries are on non-vital part; co-accused have already been released on bail; petitioner is in custody since 24.07.2024 in the present case and conclusion of trial may take considerable time, therefore, in such circumstances, petitioner be granted benefit of bail. [2025:RJ-JP:22611] (2 of 2) [CRLMB-7155/2025] 3. Learned Public Prosecutor has opposed the bail application and pointed out that petitioner has criminal antecedents. 4. Heard counsel for petitioner and learned Public Prosecutor as well as perused the material available on record. 5. Taking into consideration the facts that the grievous injuries are not on the vital part of body; in other criminal cases, petitioner has been stated to be on bail; other co-accused have already been granted benefit of bail; investigation has been completed and conclusion of trial may take considerable time, but without commenting on merits of the case, this Court deems it just and proper to release the petitioner on bail. 6. Accordingly, the second bail application is allowed and it is ordered that the accused-petitioner Mahesh Kumar S/o Sh. Richhpal shall be released on bail, provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so, on following conditions:- (i) that the petitioner shall not repeat the similar nature of offence during bail granted by this Court. (ii) that the petitioner shall not tamper with and influence any of the prosecution witnesses; (iii) that if the petitioner commits breach of any of the conditions, the respondents shall be free to move application for bail cancellation of accused-petitioner. (SUDESH BANSAL),J Sachin/S-249