[2025:RJ-JP:26709] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 8964/2025 Surendra Singh @ Bhuriya S/o Netram, Aged About 22 Years, R/o Dhani Silati, Town Mandana, Police Station Babai, District Neem Ka Thana (Rajasthan) (Presently Confined In District Jail, Jhunjhunu). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kapil Gupta with Mr. Dharmendra Kumar, Mr. Ankit Kumar, Mr. Chitransh Saxena, Mr. Abhimanyu, Ms. Anisha Yadav & Mr. Sushil Yadav For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP Mr. Neeraj Kumar Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/07/2025 1. This second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.112/2024 registered at Police Station Babaee, District Neem Ka Thana (Rajasthan) for the offences punishable under Sections 190, 191(2), 126(2) & 115(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 190, 191(2), 126(2), 115(2), 118(1), 118(2), 109(1) & 191(3) of BNS, 2023. 2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by this court vide order dated 21.02.2025 while giving liberty to renew the prayer for bail after recording [2025:RJ-JP:26709] (2 of 3) [CRLMB-8964/2025] testimony of injured Moolchand and Doctor who medically examined the injured. Now, both the witnesses have been examined during the course of trial thus, this second bail application has been preferred. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that two injuries which were opined as dangerous to life are on the non-vital part of the body of the injured. Counsel submits that Dr.Ramkishan, who medically examined the injured has been examined during the course of trial and it has been clearly stated by him in his court testimony that death is possible in cases where there is excess bleeding or treatment is not given in time. Counsel submits that there are no criminal antecedents against the petitioner. Counsel submits that other co-accused persons namely Ashok Kumar @ Goliya and Sandeep Kumar have been granted benefit of bail by this Court as well as Co-ordinate Bench of this Court. Counsel submits that there is bleak chance of culmination of trial in near future. Counsel contends that petitioner is in custody since 20.10.2024 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the prayer of bail made by learned counsel for the petitioner. It is submitted that injured sustained nine injuries out of which, two injuries have been opined as dangerous to life therefore, considering the nature of injuries, bail should not be granted to the petitioner. 5. I have considered the contentions. [2025:RJ-JP:26709] (3 of 3) [CRLMB-8964/2025] 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, material available on record in the form of charge- sheet including testimony of Dr. Ramkishan as also the fact that other co-accused persons namely Ashok Kumar @ Goliya and Sandeep Kumar have already been granted benefit of bail by this court as well as Co-ordinate bench of this court, there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this second bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner Surendra Singh @ Bhuriya S/o Netram shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 8. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /297