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2025 DAILYLAW 27400 (RAJ)

DHANESH KUMAR S/O SAMAY SINGH v. STATE OF RAJASTHAN

CRLMB/10230/2025 · 2025-08-20

Anil Kumar Upman

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:32736] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 10230/2025 Dhanesh Kumar S/o Samay Singh, Aged About 35 Years, R/o Vil- lage Gurira, Police Station Jurehara, District Deeg (Rajasthan) (Confined In Sub Jail, Deeg Later On Transferred To Central Jail, Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Hemendra Goyal For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Mukesh Kumar Saini HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/08/2025 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.85/2023 registered at Police Station Jurhara, District Bharatpur (Rajasthan) for the offences punishable under Sections 143, 323, 341, 354 & 452 of IPC. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 323, 341, 325, 326, 307, 504 & 34 of IPC. 2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by this court vide order dated 04.02.2025 while giving liberty to renew the prayer for bail after recording testimony injured Mukesh Chand as well as doctor who prepared [2025:RJ-JP:32736] (2 of 3) [CRLMB-10230/2025] the MLC of injured Mukesh Chand. 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 admittedly, cross-cases have been registered between the parties. Counsel submits that co-accused namely Yogesh & Sunil Kumar have already been granted benefit of bail by this Court. Counsel submits that in cross-case, charge-sheet has been filed against the complainant herein for the offence punishable under Section 326 of IPC. Counsel further submits that there are no criminal antecedents of the petitioner and trial will take considerable time in its conclusion. Counsel contends that petitioner is in custody since his date of arrest and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the prayer for bail made by learned counsel for the petitioner. They submit that number of injuries have been found on the person of the injured and there is specific allegation against the petitioner to cause injury on the head of the injured and same has been opined as grievous in nature. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, as also the fact that cross-cases have been registered between the parties; co-accused Yogesh and Sunil [2025:RJ-JP:32736] (3 of 3) [CRLMB-10230/2025] Kumar have been granted benefit of bail by this Court; charge- sheet has been filed in this matter; there are no criminal antecedents of the petitioner and trial will take considerable time in its conclusion as well as looking to the period of custody, 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 Dhanesh Kumar S/o Samay Singh 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 0Court 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 /114