[2025:RJ-JP:38086] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11294/2025 1. Vikky Kumar S/o Mukesh @ Mukkha, Aged About 30 Years, R/o Gandhi Nahar Mohallah Kaswa Sikri District Deeg (Presently Confined At District Jail, Deeg). 2. Mukesh Chand @ Mukkha S/o Brajlal @ Birju, Aged About 51 Years, R/o Gandhi Nahar Mohallah Kaswa Sikri District Deeg (Presently Confined At District Jail, Deeg). ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. R.B. Sharma Ganthola For Respondent(s) : Mr. Manvendra Singh Choudhary, PP Mr. Dharmendra Joshi Mr. Kanhaiya Lal Choudhary Mr. Ashok Dadhich HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/09/2025 1. The present bail application under Section 483 of BNSS are filed by the applicants-accused Vikky Kumar S/o Mukesh @ Mukkha, Mukesh Chand @ Mukkha S/o Brajlal @ Birju seeking bail in respect of a criminal case registered as FIR No.248/2025 dated 05.07.2025 registered at P.S. Sikri District-Deeg, for the offence under Sections 189(2), 115(2), 126(2), 332(a), 352 of BNS. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are [2025:RJ-JP:38086] (2 of 4) [CRLMB-11294/2025] no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. He also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submits that in FIR three persons Praveen, Vikky and Mukkha @ Mukesh Chand were named by complainant for assaulting upon injured Hari Om @ Kapil. He further submitted that as per report Praveen and Vikky were having pharsa and Mukesh was having stick but after arrest of these petitioners, bamboo stick recovered from Vicky and simple stick recovered from Mukka and police has fond that the accused-Vicky has not used farsa. He further referred injuries upon body of injured Hari Om @ Kapil and submitted that except two injuries all were caused by blunt object. He further submitted that after X-ray injury no.1 was found as grievous but injury no.2 was found as simple in nature. He also submitted that there is no criminal antecedent against petitioners accused and attribution of injury no.1 is upon Praveen and not on Vikky. He also submitted that these petitioners are in custody since 08.07.2025 and they are father and son. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Learned counsel for complainant opposed the bail application and referred the photograph of injured and submitted that [2025:RJ-JP:38086] (3 of 4) [CRLMB-11294/2025] injured Hari Om was brutally assaulted by petitioners and he sustained grievous injuries, which are dangerous to life. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On the basis of complaint lodged by complainant Harcharan Gulati about assault on Hari Om @ Kapil by Praveen, Vikky and Mukesh @ Mukka, a report is registered and the matter is investigated. The police has found involvement of Praveen, Vikky and Mukka but drawn a conclusion that pharsa (sharp edged object) was with Praveen. The police has recovered Bamboo stick and a simple stick from present petitioners. The assignment of injury no.1 which was hairline fracture of frontal bone is upon Praveen and same is opined as dangerous to life. The investigation with regard Praveen and Sukhvati is in progress. There were two criminal cases of summons nature against the petitioners accused. 8. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are 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, the Court deems it appropriate to grant bail to the applicants-accused. 9. Thus, the instant bail applications filed on behalf of applicants-accused Vikky Kumar S/o Mukesh @ Mukkha, Mukesh Chand @ Mukkha S/o Brajlal @ Birju, is hereby [2025:RJ-JP:38086] (4 of 4) [CRLMB-11294/2025] allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioners would furnish 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 applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicants-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 applicants-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 CHETNA BEHRANI /132