MUKESH KUMAR S/O KANHAIYALAL v. STATE OF RAJASTHAN
CRLMB/305/2025 · 2025-01-20
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2706 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2706 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:2617] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 305/2025 Mukesh Kumar S/o Kanhaiyalal, R/o Ishwarpura, Police Station Mangrol, District Baran (Raj.). (At Present Confined In District Jail Baran. ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manoj Awasthi For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/01/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.245/2024 registered at Police Station Mangrol, District Baran (Rajasthan) for the offences punishable under Sections 189(2), 126(2), 115(2), 352, 332(c) & 109(1) of BNS. Investigation is being conducted for the offences punishable under Sections 189(2), 126(2), 115(2), 352, 117(2) & 109(1) of BNS in this matter. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that it is a case of free fight between the parties in which both parties sustained injuries. Cross FIR No.244/2024 has been registered by the petitioner side against the complainant
[2025:RJ-JP:2617] (2 of 3) [CRLMB-305/2025] side for offences under Sections 189(2), 126 (2), 115(2), 352, 332(c) and 109(1) BNSS. It is further contended that except one injury on the head of the injured Giriraj which is grievous in nature, all other injuries are simple in nature, which is not attributed to the accused petitioner. Petitioner is in custody since his date of arrest. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. She submits that petitioner is named in the FIR and he actively participated in commission of crime. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by the counsel for the petitioners; especially the fact that the grievous injury found on the person of injured Giriraj is not attributed to the accused petitioner; cross-cases have been registered between the parties as also looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6.
This bail application is accordingly allowed and it is directed that accused-petitioner Mukesh Kumar S/o Kanhaiyalal 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
[2025:RJ-JP:2617] (3 of 3) [CRLMB-305/2025] which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observation made hereinabove is just for the decision of this bail application and same would not prejudice trial in any manner. (ANIL KUMAR UPMAN), J LALIT MOHAN /274