[2025:RJ-JP:35743] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16448/2024 Rajendra Yadav @ Raj S/o Jagdish Prasad, Aged About 37 Years, R/o Dhani Delda, Tan Narayanpur, Presently Nokadiya Mod Tan Lalaana, Police Station Pragpura, Tehsil Pawata, District Kotputali, Behror. (Presently The Accused Petitioner Is In Judicial Custody At District Jail Kotputali, Behror). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. Prateek Kedawat, Mr. Vipul Saxena and Mr. Saurabh Dubey (All through VC) Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/08/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Rajendra Yadav @ Raj S/o Jagdish Prasad seeking bail in respect of a criminal case registered as FIR No.120/2024 dated 25.02.2024 registered at P.S. Pragpura, District-Kotputali Behror for the offence under Sections 323, 341, 307, 506, 195-A, 120-B, 34 IPC and Sections 3/25, 5/27 and 4/25 of the Arms Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of [2025:RJ-JP:35743] (2 of 4) [CRLMB-16448/2024] fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicant submits that injured female has registered a false case for rape and for said case, applicant- accused was arrested and was released on bail. He further submitted that during trial of rape case against the applicant- accused, the brother of prosecutrix has registered a criminal case of assault against applicant-accused and other persons. He further submits that after investigation, a charge-sheet has already been filed and applicant-accused is facing trial. He further submits that statements of 9 witnesses were already recorded and there is no chance of influencing injured victim or complainant. He further submits that after recording of statement, there is no threat or apprehension to influence prosecution witnesses. He further submits that now present bail application is filed only on grounds of medical condition of present applicant-accused, which is not possible while in custody. He further referred the material and submitted that present applicant-accused has developed gangrene and he has to undergo surgery and advance treatment for his legs. He further submits that applicant-accused is in custody since his arrest on 23.03.2024. 4. Aforesaid bail application is opposed by learned counsel for complainant and learned Public Prosecutor. Learned counsel for complainant further submits that the case of rape has been registered against applicant-accused and the applicant-accused was granted bail by this Hon’ble Court. He further submits that [2025:RJ-JP:35743] (3 of 4) [CRLMB-16448/2024] after getting bail, accused has assaulted victim to terrorise and intimidate her to prevent in deposing against him and it is a case of serious nature. 5. Heard learned counsels for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of Parchabayan of Balram (brother of injured) recorded on 25.02.2024 about incident of assault on his sister by applicant-accused, Rahul and Mahipal @ Mahi @ Mahesh, a case is registered and matter is investigated. During investigation, statement of witnesses were recorded and injury and treatment records were procured. Present applicant-accused is arrested on 23.03.2024 and since then he is in custody. Police has filed a charge-sheet against Rajendra Yadav @ Raju, Rahul and Mahipal @ Mahi @ Mahesh, though kept pending for prosecution sanction. The status report dated 13.08.2025 received from learned Additional Sessions Judge No.1, Kotputli indicate that 9 witnesses including PW-2 (complainant) and PW-4 (injured victim) were already recorded and 20 witnesses are still remaining. The material on record indicate that on earlier occasion, victim injured has registered an FIR No.287/2023 and police has filed a charge- sheet against present applicant Rajendra Yadav under Sections 323, 506, 504 and 376 (2)(n) of IPC. During investigation of current case, it has reveal that present applicant-accused want to pressurize rape victim for compromise in said FIR and when victim has refused for compromise, present applicant-accused has assaulted the rape victim. Though, statement of injured victim have recorded, but still it is case of very serious nature, where a [2025:RJ-JP:35743] (4 of 4) [CRLMB-16448/2024] witness, seeking justice, is not only threatened, but seriously assaulted too. 7. The material on record indicate that while this present applicant-accused was on bail, he met with rail accident and a result of rail accident, he lost both legs due to gangrene. It is case of gangrene though, applicant-accused has lost both the lower legs (below knee) but still, ground is not sufficient to release applicant-accused on bail. 8. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 9. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 10. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Rajendra Yadav @ Raj S/o Jagdish Prasad, is hereby dismissed. The Trial Court is directed to expedite the trial. (ASHOK KUMAR JAIN),J GAURAV /163