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2025 DAILYLAW 40936 (RAJ)

HANSRAJ S/O KESARI LAL v. STATE OF RAJASTHAN

CRLMB/12199/2025 · 2025-12-09

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:49940] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 12199/2025 Hansraj S/o Kesari Lal, Aged About 34 Years, R/o Village Sanwar, Police Station Taleda, District Bundi, Rajasthan. (Presently Confined At District Jail, Bundi). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Arpit Jain, Adv. For Respondent(s) : Mr. NS Dhakar, PP Mr. MS Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/12/2025 1. The instant second bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.190/2024 registered at Police Station Taleda, District Bundi for the offences punishable under Sections 307, 34, 341, 326 IPC. 2. Counsel for the petitioner submits that the first bail application preferred by the petitioner was dismissed as withdrawn by this Court vide order dated 26.08.2025 with liberty to renew the prayer for bail after filing of result of investigation. Counsel submits that now charge-sheet has been filed. Thus, this second bail application has been preferred on behalf of the petitioner. [2025:RJ-JP:49940] (2 of 3) [CRLMB-12199/2025] 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that injured has already been discharged from the hospital and he is leading a normal life. It is submitted that there are no criminal antecedents of the petitioner, except the present one, and trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 02.08.2025 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner and submits that petitioner along with co-accused Satyanarayan caused sword injuries to the victim Lekhraj. The victim in the parcha bayan as well as in his statement recorded under Section 164 Cr.P.C. and in his Court statement as PW-1 has specifically named the present petitioner for causing fatal injury by sword. Further, the motorcycle used in the incident was recovered at the instance of the petitioner. It is contended that according to the injury report, the injured received total seven injuries caused by sharp edged weapon, out of which, injury Nos.4 & 5 are on the vital part of the body of the injured i.e. skull and chest. The injured also sustained multiple fractures over hands and forearms and the Doctor opined these injuries as dangerous to life. In such circumstances, the indulgence of bail should not be granted to the petitioner. 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 learned counsel for the parties, especially considering the facts that [2025:RJ-JP:49940] (3 of 3) [CRLMB-12199/2025] specific allegation has been levelled against the petitioner of causing sword injuries on the person of the injured and the same have been opined as dangerous to life, so also looking to the nature and gravity of offence, this court is not inclined to enlarge the petitioner on bail. 7. Accordingly, this second bail application stands dismissed. 8. The observations made hereinabove are 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 MANOJ SOLANKI/5