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[2025:RJ-JP:44302] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12357/2025 Raj S/o Sandeep, Aged About 26 Years, R/o Village Bajeka, Police Station Sadar, Sirsa, District Sirsa (Haryana) At Present Resident In Village Banooda, Police Station Jeenmata, District Sikar At Present Lodged In The District Jail, Sikar. ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Non-Applicant For Applicant(s) : Mr. Ashvin Garg For Non-Applicant(s) : Mr. Rhishi Raj Singh Rathore, PP Ms. Arti Sharma, PP Ms. Sonali Kharra HON'BLE MR. JUSTICE SAMEER JAIN
Order 04/11/2025
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 300/2025 registered at Police Station Sadar, Sikar District Sikar for the offence(s) under Sections 126(2), 115(2), 109(1), 189(2) of BNS, 2023.
2.
Learned counsel for the applicant has submitted that applicant is innocent, as in the prevailing circumstances, cross FIR is registered against the date of incidence dated 18.07.2025, on 20.08.2025 by wife, the delay is explained that the applicant was in custody. Learned counsel has relied upon injury report, formulated at the date of arrest, which specifies that there was an injury on the body of applicant. It is submitted that the main allegation against one Bhawani Singh, who is having antecedent.
[2025:RJ-JP:44302] (2 of 2) [CRLMB-12357/2025] It is submitted that the medical injury report has not specified any life threatening injury. It is submitted that applicant is not a habitual offender, charge-sheet has been filed and applicant is behind bars ever-since 22.07.2025.
3. Per contra, learned counsel for the complainant has opposed the same and has submitted that offence is registered and charge- sheeted under Section 109 of BNS. It is submitted that grievous injury is sustained by the victim with a sharp weapon (by knife/Blade). It is submitted that the quarrel occurred qua the complainant on account of some business transaction and there was a motive. It is also submitted that FIR is lodged immediately on happening of the incident despite being in hospital. It is submitted that in the FIR, 5-6 persons are specified and name of present applicant is specifically stated.
4. Heard and considered.
5. Considering the overall facts and circumstances, taking note of the fact that numerous injuries have been sustained by the victim; that injury no.1 is being labeled as grievous in nature; that the nature of allegations leveled is heinous, this Court is not inclined to enlarge the accused-applicant on bail.
6. Accordingly, the present bail application is dismissed.
(SAMEER JAIN),J DEEPAK/52