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2025 DAILYLAW 27879 (RAJ)

MAHAVEER S/O BHERULAL v. STATE OF RAJASTHAN

CRLMB/10505/2025 · 2025-08-27

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:34116] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous III Bail Application No. 10505/2025 Mahaveer S/o Bherulal, Aged About 40 Years, R/o Raithal, Police Station Raithal, District Bundi (Raj.) (At Present Confined In District Jail, Bundi (Raj.) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sudarshan Kumar Laddha, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/08/2025 1. The instant third bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.197/2024 registered at Police Station Raithal, District Bundi for the offences punishable under Sections 115(2), 126(2) and 189(2) of BNS, 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 115(2), 126(2), 189(2), 109(1), 117(2), 352 and 3(5) of BNS, 2023. 2. Learned counsel for the petitioner submits that second bail application of the petitioner was dismissed with liberty to renew the prayer of bail after recording testimony of injured namely, Manoj as well as medical expert, who examined the injured. Now, said witnesses have been examined during the course of the trial. [2025:RJ-JP:34116] (2 of 3) [CRLMB-10505/2025] Thus, this third bail application has been preferred by the petitioner. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that medical expert has been examined during course of trial and according to his testimony, four injuries have been found on the person of the injured out of which, three injuries are superficial in nature and one injury on the head of the injured has been opined as dangerous to life. He argues that charge-sheet has already been filed, there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. He contends that petitioner is in custody since 16.12.2024 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner and submits that one injury on the head of inured has been opined as dangerous to life. 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 petitioner, especially the fact that material available on record; charge-sheet has been filed; absence of criminal antecedents and trial will take 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 proper to allow the third bail application. [2025:RJ-JP:34116] (3 of 3) [CRLMB-10505/2025] 7. This third bail application is accordingly allowed and it is directed that accused-petitioner - Mahaveer S/o Bherulal 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 observations made herein above 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 MADAN/131