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[2025:RJ-JP:50005] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 15717/2025 Sunil S/o Shri Bhagwan Das, Aged About 20 Years, R/o Madhorajpura, P.s. K. Patan, District Bundi (Raj.) (Accused At Present Confined In Central Jail Bundi). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 09/12/2025
1. This second bail application under Section 483 BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.85/2025 registered at Police Station Keshorai Patan, District Bundi (Raj.) for the offence punishable under Sections 189(2), 126(2), 115(2) & 109(1) of BNS, 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 126(2), 115(2), 190, 191(3), 118(2) & 109(1) of BNS, 2023 & Section 4/25 of Arms Act, 1959 (Amendment 2019).
2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by this Court vide order dated 20.08.2025 while giving liberty to renew the prayer for bail after recording the testimony of the injured as well as medical expert who examined the injured. Now, both witnesses have been examined during the course of trial thus, this second bail application has been preferred.
[2025:RJ-JP:50005] (2 of 3) [CRLMB-15717/2025]
3.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that it is a case of sole injury and no allegation has been levelled against the petitioner of repetition of injury. It is submitted that alleged incident took place at the spur of the moment and there was no intention of the petitioner to cause a life threatening injury to the injured. Now, the injured has been discharged from the hospital and he is leading a healthy life. It is submitted that trial of the case will take considerable time in its conclusion as till date only four witnesses have been examined out of nineteen cited prosecution witnesses. Petitioner is in custody since 16.03.2025 and there are no criminal antecedents against him. Further custody of the petitioner would not serve any fruitful purpose.
4. Learned Public Prosecutor opposes the submissions made by
learned counsel for the petitioner. He submits that injury sustained to the injured person has been opined as dangerous to life.
5. I have considered the contentions.
6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially considering the material available on record and the fact that there are no criminal antecedents of the petitioner and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application.
7. This second bail application is accordingly allowed and it is
directed that accused-petitioner Sunil S/o Shri Bhagwan Das
[2025:RJ-JP:50005] (3 of 3) [CRLMB-15717/2025] shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only), each to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
8. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station, till conclusion of the trial.
9. Concerned SHO shall enter attendance of the petitioner in the Roznamcha. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.
10. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court.
11. Office is directed to send a copy of this order to the concerned SHO for necessary compliance.
12. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J GAUTAM JAIN /22