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2025 DAILYLAW 39401 (RAJ)

SANJAY S/O ROHITASH v. STATE OF RAJASTHAN

CRLMB/12359/2025 · 2025-10-13

Ashok Kumar Jain

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:41810] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 12359/2025 Sanjay S/o Rohitash, Aged About 28 Years, R/o Village Butiyana, Police Station Baroda Mev, District Alwar ( Presently Accused Confined In Sub Jail Laxmangarh) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Kapil Gupta Mr. Dharmendra Kumar For Respondent(s) : Mr. Anupam Sharma Dr. Jitendra Pathak Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/10/2025 1. Instant second bail application under Section 483 of BNSS is filed by the applicant-accused Sanjay S/o Rohitash seeking bail in respect of a criminal case registered as FIR No.154/2025 dated 07.06.2025 registered at P.S. Bardoa Mev, District Alwar for the offence under Sections 189(2), 115(2), 126(2) & 332(c) of BNS. 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 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 [2025:RJ-JP:41810] (2 of 4) [CRLMB-12359/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submits that first bail application of present petitioner was dismissed as withdrawn on 04.09.2025 and now a charge-sheet has been filed. He further submitted that this Hon’ble Court has granted bail to Mukesh, Shivcharan and Kanhaiya on 04.09.2025 and case of present petitioner is identically placed with them. He also submitted that the injuries upon injured were not found as dangerous to life and police has filed a charge-sheet under Section 110 of BNS. 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 submits that the injured has undergone surgical interventions. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On basis of report lodged by complainant Bharti on 07.06.2025 about incident of 05.06.2025, current FIR is registered but prior to current FIR, a cross FIR No.151/2025 is registered by the petitioner accused No.1 Mukesh on 05.06.2025 for same incident. In current incident, Bharti, Mukesh, Prem, Santosh and Sunita have sustained injures. The injury No.1 upon Prem Devi was found grievous and blunt which was later opined as dangerous to life. The material on record indicate that there is a land dispute and a [2025:RJ-JP:41810] (3 of 4) [CRLMB-12359/2025] revenue litigation is pending between the parties. The dispute pertains to cultivation and possession of land. 8. This Court has granted bail to Mukesh, Shivcharan and Kanhaiya on 04.09.2025 and now a charge-sheet has already been filed. The opinion about injury no.1 upon skull of Prem Devi clearly indicate that the injury is grievous and caused from blunt object but same is not opined as dangerous to life. 9. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is 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 applicant- accused. 10. Thus, the instant bail application filed on behalf of applicant-accused Sanjay S/o Rohitash, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing 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 applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. [2025:RJ-JP:41810] (4 of 4) [CRLMB-12359/2025] (iii) The applicant-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 applicant-accused shall be liable to be canceled. 11. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /6