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2025 DAILYLAW 32697 (RAJ)

KANHAIYA LAL @ RAJU TOPI S/O SHRI DEVI LAL v. THE STATE OF RAJASTHAN

CRLMB/13881/2024 · 2025-03-17

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:11787] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13881/2024 Kanhaiya Lal @ Raju Topi S/o Shri Devi Lal, R/o Pawan Ki Gali, Karni Nagar, Police Station Nanta, Kota City District Kota (Raj.) (At Presently Confined In District Jail Kota) ----Petitioner Versus The State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Pawan Kumar Verma, Adv. For Respondent(s) : Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 17/03/2025 1. The instant 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.220/2024, registered at Police Station Nanta, District Kota City, for the offence(s) under Sections 109(1), 115(2) and 126(2) of BNS. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that the accused-petitioner is in custody since 14.10.2024, the main witnesses have already been examined. It is also contended that PW-2 Dr. Jeetkaran Patidar in his cross-examination has admitted that injured was not examined at second time when the opinion was given. The witness PW-2 further admitted that the opinion was kept reserved and the said opinion was given without examination of the injured. The injury Nos.1 and 2 caused to the [2025:RJ-JP:11787] (2 of 2) [CRLMB-13881/2024] injured Vinod was found to be simple in nature and the injured was discharged within 10 days. There was no murderous intention on the part of the petitioner to cause any injury, therefore, considering the above facts, the bail application of the accused- petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. 4. Heard and perused the material available on record. 5. The injured PW-3 Vinod and the other eye-witness PW-5 Ajay in their statements have clearly stated that the petitioner caused injury to injured Vinod at his abdomen with the aid of knife and also caused injury on his neck. PW-2 Dr. Jeetkaran Patidar in his examination-in-chief, after perusing the admission ticket and relevant papers opined that the injuries caused to the injured Vinod at his abdomen was dangerous to life, therefore, considering the above facts, this Court is not inclined to enlarge the accused-petitioner on bail. 6. Accordingly, the instant bail application of the accused- petitioner is hereby by dismissed. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-41