[2025:RJ-JP:9684] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13327/2024 Ganesh Tholiya S/o Shri Nathuram Tholiya, Aged About 36 Years, R/o Village Badhed, Police Station Ladnu, District Nagaur, Presently Tenant Of 33, R.f.c. Colony, Behind Vaishali Nagar Police Station Vaishali Nagar, Jaipur. Presently Beer Up Bar Crown Plaza Ke Samne, Near Amrapali Circle, Police Station Chitrakoot, Jaipur. (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ravindra Kumar Paliwal Mr. Mohd. Zubeir Mr. Manish Gupta Mr. Rajeev Sogarwal For Respondent(s) : Ms. Arti Sharma, PP Mr. Anirudh Tyagi HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/03/2025 1. The instant bail application under Section 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.558/2024 registered at Police Station Jhotwara District Jaipur (West) for offences punishable under Sections 109 (1), 115 (2), 126 (2), 3(5) of BNS, 2023 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that in the investigation, so far conducted, it has come out that there was no enmity between the accused persons and the injured. The accused persons were called by Sahil @ Farman [2025:RJ-JP:9684] (2 of 3) [CRLMB-13327/2024] to sort out an issue by way of peaceful talks and conciliation but mob gathered there and some one informed the police. In order to escape from there, the accused Ganesh plied the vehicle in high speed due to which, there happened a road accident in which injured sustained injuries. It is thus submitted that the matter pertains to simple road accident which has been given colour of criminal offence. In the medical documents of the injured, same have been recorded as RTA (Road Traffic Accident). During investigation, it has been concluded that there was no intention of the petitioner to cause any life threatening injury on the person of the injured and that injured sustained injuries accidentally. The petitioner is in custody since 08.09.2024 whereas trial will take long time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor as well as learned counsel for the complainant opposes the bail application. Learned Public Prosecutor submits that as per the factual report, during investigation, it has come out that the injured received injuries in a road accident. However, opposing the bail application, learned counsel for the complainant submits that the entire incident was captured in a CCTV and as per the CCTV footage, the petitioner was seen plying the vehicle rashly at a very high speed causing serious injuries on the person of the injured. The injured were taken to the hospital. The injured Nawaj Khan was medically examined by the Medical Board, SMS Hospital Jaipur and as per the report dated 01.03.2025 of the Board, the patient is semiconscious with spontaneous eye opening, unable to speech with flexor motor response to pain. Therefore, his statement could [2025:RJ-JP:9684] (3 of 3) [CRLMB-13327/2024] not be recorded till date. Learned Public Prosecutor and learned counsel for the complainant submit that bail application of the co-accused Sandeep Singh has already been rejected by this Court. It is also contented that six other cases have also been registered against the petitioner. 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 both the parties and the material available on record as also the fact that till date, statement of the injured Nawaj Khan could not be recorded on account of his serious health condition and there are six other cases registered against him, I am not inclined to extend indulgence of bail to the accused petitioner at this stage. Accordingly, the instant bail application stands dismissed 6. The observation 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 Sudhir/752