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[2025:RJ-JP:8135] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No.585/2025 Hemant @ Bhura S/o Rajendra, Aged About 25 Years, R/o Abdalpur Police Station Kanchapur District Dholpur. (At Present In District Jail, Dholpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kapil Gupta, Adv. with Ms. Nidhi Sharma, Adv. For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 24/02/2025
1. The instant 2nd bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused- petitioner has been arrested in connection with FIR No.158/2024, registered at Police Station Kanchanpur, District Dholpur, for the offence(s) under Sections 143, 323, 341, 379 and 307 of IPC and Section 3/25 Arms Act.
2.
Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is argued that first bail application of the accused-petitioner was dismissed vide order dated 24.09.2024. Thereafter, the statement of medical jurist P.W.1-Dr. Manish Kumar Meena have been recorded and Dr. Manish Kumar Meena in his examination-in-chief has categorically stated that injury No.1 sustained to injured Rishikesh was neither gunshot injury nor dangerous to life. The
[2025:RJ-JP:8135] (2 of 3) [CRLMB-585/2025] statement of injured and the other eye-witnesses are not corroborating with the opinion of the concerned medical jurist. The accused-petitioner is behind the bars since 11.05.2024, the other co-accused have already been enlarged on bail. There are no criminal antecedents against the accused-petitioner and the trial of the case may take considerable time, therefore, the second bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of second bail application. It is contended that the accused- petitioner has caused firearm injury to injured Rishikesh and firearm was also recovered at the instance of the accused- petitioner, the other eye-witnesses have also corroborated the statement of the injured Rishikesh. It is also contended that the first bail application of the accused-petitioner was dismissed by this Court vide order dated 24.09.2024, recording the reasons that the other eye-witnesses have corroborated the version of injured Rishikesh regarding causing gunshot injury. The injured witnesses are yet to be examined, therefore considering the above fact, the second bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. Considering the fact that PW.1-Dr. Manish Kumar Meena, who has examined the injured Rishikesh, in his examination-in- chief stated that injury No.1 sustained to injured Rishikesh at his leg was neither gunshot injury nor dangerous to life, therefore, considering the statement of PW.1-Dr. Manish Kumar Meena, without expressing anything on the merits of the case, the accused-petitioner is in custody since 11.05.2024, the trial of the
[2025:RJ-JP:8135] (3 of 3) [CRLMB-585/2025] case may take considerable time, therefore, I deem it just and proper to enlarge the accused-petitioner on bail. 6.
Accordingly, the second bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioner- Hemant @ Bhura S/o Rajendra, in connection with FIR No.158/2024, registered at Police Station Kanchanpur, District Dholpur, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-25