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[2025:RJ-JP:34819] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9081/2025 Yogesh @ Sawan S/o Hemraj, R/o Daslana, Police Station Kaithun, District Kota, Rajasthan. (At Present Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Santosh Kumar Jain For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 22/08/2025
1. Instant application for bail is filed under Section 483 of BNSS by the applicant-accused Yogesh @ Sawan S/o Hemraj in FIR No. 193/2025 dated 02.06.2025 registered at P.S. Borkhera District -Kota, whereby the applicant-accused was charged under Sections 126 (2), 115 (2), 308 (2), 109 (2), 3(5) of BNS and Section 4/25 of Arms Act.
2. The applicant was arrested and is in judicial custody since his arrest. 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. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He further
[2025:RJ-JP:34819] (2 of 3) [CRLMB-9081/2025] assures that in case, the applicant-accused is required the applicant-accused will be available. He also submits that the trial will take its own time and no purpose will be served by keeping the applicant-accused in custody.
4.
Learned counsel for applicant submits that as per police, 7 injuries were sustained by injured, but all are simple in nature. He further submits that none of injuries on any vital part of body of injured. He further submits that there is no criminal antecedents against the applicant-accused. He is in custody since their arrest.
5. Aforesaid contentions were opposed by learned Public Prosecutor.
6. Heard learned counsel for applicant and learned Public Prosecutor. Perused the material placed on record.
7. On basis of Parchabayan of injured Ravinder dated 02.06.2025, the matter is investigated. During investigation, injury report of Ravinder was prepared, wherein 7 injuries were found on body of victim and all were caused by sharp edged weapon. The order dated 03.07.2025 passed by learned Sessions Judge Kota, reflect that opinion for the 2 injuries were not received from Medical Jurist. There is no criminal antecedents against the applicant-accused.
8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is 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,
[2025:RJ-JP:34819] (3 of 3) [CRLMB-9081/2025] the Court deems it appropriate to grant bail to the applicant- accused.
9. Thus, the instant bail application filed on behalf of applicant- accused Yogesh @ Sawan S/o Hemraj, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with
evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-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 applicant-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 GAURAV /60