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2025 DAILYLAW 42448 (RAJ)

BHUPENDRA GOSWAMI @ NAVAL S/O SHRI BADRI PRASAD v. STATE OF RAJASTHAN

CRLMB/12927/2025 · 2025-10-17

Mahendar Kumar Goyal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:42666] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12927/2025 Bhupendra Goswami @ Naval S/o Shri Badri Prasad, R/o M. No. 36, Maple Park Colony, Balita Road, Girdharpura, Kunhadi, Kota, Presently Residing At M.No. 34, Maple Park Colony, Balita Road Girdharpura, Kunhadi, Kota (Rajasthan) (Presently Accused Is Confined In District Jail Bundi) ----Accused-Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No.13926/2025 Shubham S/o Pappu Lal R/o House No.-53 A Santoshi Nagar In Front Of Shiv Mandir Kota (At present confined at District Jail Bundi) ----Accused-Petitioner Versus State of Rajasthan Through P.P. ---Respondent For Petitioner(s) : Mr. Deepak Chauhan with Mr. Harsh Joshi and Mr. Yuvraj S. Kachhawa Mr. Faziya G. Khan for Mr. Abdul Kalam Khan For Respondent(s) : Mr. Naresh Gupta, P.P. with Mr. Manvendra Singh Shekhawat, P.P. Mr. Mahesh Gupta HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 17/10/2025 In S.B. Criminal Miscellaneous Bail Application No. 12927/2025: [2025:RJ-JP:42666] (2 of 4) [CRLMB-12927/2025] The present bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity “the BNSS”). The petitioner has been arrested in connection with FIR No.368/2025 registered at Police Station Kotwali Bundi, District Bundi for the offence(s) under Section 189(2), 126(2), 115(2) and 109(1) of Bharatiya Nyaya Sanhita (for short, “BNS”) and later on for the offence under Section 115(2), 126(2), 117(2), 189(2), 118(2) and 109(1) of BNS. Learned counsel for the petitioner submits that the only allegation against him is of involvement in the criminal conspiracy otherwise, he was not present at the place of incidence. He further submits that the two grievous injuries on the person of injured are on non-vital part of the body and no offence under Section 109(1) of BNS is made out. Learned counsel further submits that he is in custody since 23.09.2025, investigation as against him is complete, trial of the case will take time, he has no criminal antecedence and prays for his release on bail. Learned Public Prosecutor assisted by the learned counsel for the complainant opposes the prayer. Taking into consideration the contentions advanced by the learned counsels for the respective parties, material available in the case diary and injury report of injured Suresh Agarwal, nature of accusation against the petitioner, his length of custody and absence of criminal antecedents; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail. Accordingly, the bail application is allowed and it is directed that accused-petitioner Bhupendra Goswami @ Naval S/o Shri [2025:RJ-JP:42666] (3 of 4) [CRLMB-12927/2025] Badri Prasad shall be released on bail under Section 483 BNSS in connection with afore-mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of ₹1,00,000/- (Rupees One Lac only) together with two sureties in the sum of ₹50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 480(3) BNSS. The office is directed to remit a copy of this order to the jurisdictional Court through E-mail forthwith. In S.B. Criminal Miscellaneous Bail Application No.13926/2025: The present bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity “the BNSS”). The petitioner has been arrested in connection with FIR No.368/2025 registered at Police Station Kotwali Bundi, District Bundi for the offence(s) under Sections 189(2), 126(2), 115(2) and 109(1) of Bharatiya Nyaya Sanhita (for short, “BNS”) and later on for the offence under Section 115(2), 126(2), 117(2), 189(2), 118(2) and 109(1) of BNS. Learned counsel for the petitioner submits that he has falsely been implicated in this case. He further submits that he is neither named in the FIR nor, has been subjected to test identification parade till date, despite his arrest way back on 23.09.2025. He further submits that the two grievous injuries on the person of injured are on non-vital part of the body and no offence under [2025:RJ-JP:42666] (4 of 4) [CRLMB-12927/2025] Section 109(1) of BNS is made out. Learned counsel also submits that he has criminal antecedents of trivial nature and prays for his release on bail. Learned Public Prosecutor opposes the prayer. Taking into consideration the contentions advanced by learned counsel for the petitioner, nature of accusation, material available in the case diary and injury report of injured Suresh Agarwal and the criminal antecedents being of trivial nature; but, without expressing any opinion on the merits of the case, this Court deems it just and proper to enlarge the petitioner on bail. Accordingly, the bail application is allowed and it is directed that accused-petitioner Shubham S/o Pappu Lal shall be released on bail under Section 483 BNSS in connection with afore- mentioned FIR registered at concerned Police Station, provided he furnishes a personal bond in the sum of ₹1,00,000/- (Rupees One Lac only) together with two sureties in the sum of ₹50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial court with the stipulation that he shall comply with all the conditions laid down under Section 480(3) BNSS. The office is directed to remit a copy of this order to the jurisdictional Court through E-mail forthwith. (MAHENDAR KUMAR GOYAL),J GAURAV/179 and 167