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2025 DAILYLAW 21100 (RAJ)

MANISH KUMAR S/O SHRI BADRIPRASAD v. THE STATE OF RAJASTHAN

CRLMB/7294/2025 · 2025-08-08

Ashok Kumar Jain

body2025

Judgment text

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[2025:RJ-JP:30889] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7294/2025 1. Manish Kumar S/o Shri Badriprasad, Aged About 28 Years, R/o Dhani Mundera, Tan- Mawanda R.s., Police Station Sadar, Neem Ka Thana, District Sikar, Rajasthan. (Presently Languishing In Sub-Jail, Neem Ka Thana, District Sikar.) 2. Mahendra Kumar S/o Shri Badriprasad, Aged About 32 Years, R/o Dhani Mundera, Tan- Mawanda R.s., Police Station Sadar, Neem Ka Thana, District Sikar, Rajasthan. (Presently Languishing In Sub-Jail, Neem Ka Thana, District Sikar.) 3. Badriprasad S/o Shri Bhojram, Aged About 60 Years, R/o Dhani Mundera, Tan- Mawanda R.s., Police Station Sadar, Neem Ka Thana, District Sikar, Rajasthan. (Presently Languishing In Sub-Jail, Neem Ka Thana, District Sikar.) ----Petitioners Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. K.K. Bhinda For Respondent(s) : Mr. Chunni Lal Saini Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/08/2025 1 This instant application for bail filed under Section 483 of BNSS by the applicants-accused Manish Kumar S/o Shri Badriprasad, Mahendra Kumar S/o Shri Badriprasad and Badriprasad S/o Shri Bhojram in FIR No. 102/2025 dated 29.03.2025 registered at P.S. Neem ka Thana Sadar, District -Sikar, whereby the applicant-accused has charged [2025:RJ-JP:30889] (2 of 4) [CRLMB-7294/2025] under Sections 189(2), 115(2), 126(2), 109(1) and 333 of BNS. 2 The applicants were arrested on 21.05.2025 and is in judicial custody since then. The Court below has dismissed the bail application. 3 Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. He also submits that injury report and X-ray report clearly indicate that the injuries were on non-vital parts and they are not found as dangerous. He further submits that there is no evidence to show that appellants-accused have any intention to cause deadly assault which is sufficient to cause death in ordinary course of nature. He also submits that there is no criminal antecedents against the applicants and they are in custody since 21.05.2025. Further, he submits that the investigation relating to present applicants-accused is completed and are no more required by the Investigating Agency for investigation. He further assures that in case, the applicants-accused is required for further investigation, the applicants-accused will be available for such investigation. He also submits that the investigation will take its own time and no purpose will be served by keeping the applicants- accused in custody. At last, he submits that there is no criminal antecedents and charge-sheet has already been filed. 4 Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. [2025:RJ-JP:30889] (3 of 4) [CRLMB-7294/2025] 5 Learned counsel for complainant has submitted that two grievous injuries on face were caused by these applicants and same is dangerous to life. 6 Heard learned counsel for the applicant-accused, learned counsel for complainant along with learned Public Prosecutor. Perused the material placed on record. 7 On basis of report lodged by injured Shri Ram Saini, the matter was investigated and after examining injured injury report and X-ray report was prepared. We have considered that no injuries was found as dangerous as one of them is fracture on maxilla and other on nasal bone. The applicants are in custody since 21.05.2025 and charge-sheet has already been filed. 8 Upon hearing the arguments and perusing the record, we have found that the applicants-accused is no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused. 9 Thus, the instant bail application filed on behalf of applicants-accused Manish Kumar S/o Shri Badriprasad, Mahendra Kumar S/o Shri Badriprasad and Badriprasad S/o Shri Bhojram, is hereby allowed and the applicants-accused are ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of [2025:RJ-JP:30889] (4 of 4) [CRLMB-7294/2025] like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MONU /151