RAKESH @ RAJESH @ PAGALNATH S/O BADRIPRASAD v. STATE OF RAJASTHAN
CRLMB/12692/2025 · 2025-10-16
Mahendar Kumar Goyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47239 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47239 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:42416] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12692/2025 Rakesh @ Rajesh @ Pagalnath S/o Badriprasad, Aged About 38 Years, R/o Sedh Ki Nangal, Ballupura, Police Station Rajgarh, District Alwar (Raj.) (At Present Accused Petitioner Confined In Central Jail Alwar). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pravendra Kuntal with Mr. Ajit Singh For Respondent(s) : Mr. Naresh Gupta, PP Mr. Girraj Prasad HON’BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order 16/10/2025 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.0364/2025 registered at Police Station Rajgarh (Alwar), District Alwar for the offence under Sections 115(2) and 126(2) of the Bharatiya Nyaya Sanhita, 2023 (for brevity “the BNS, 2023”) and later on for the offences under Sections 115(2), 126(2), 117(2) and Section 109 of the BNS, 2023.
Learned counsel for the petitioner submits that he has falsely been implicated in this case. He submits that even if the allegations are taken to be on their face value, the offence does not travel beyond the scope of Section 117(2) of BNS, 2023 which is bailable inasmuch as the grievous injury on the person of the
[2025:RJ-JP:42416] (2 of 2) [CRLMB-12692/2025] complainant is in the nature of a fracture in his leg. Qua his criminal antecedents, he submits that in one of the criminal case, he already stands acquitted and remaining three cases are of trivial nature. Learned counsel further submits that he is in custody since 01.09.2025, investigation as against him is complete, trial of the case is likely to take time and prays for his release on bail. Learned Public Prosecutor assisted by the learned counsel for the complainant opposed the prayer. Heard. Considered. Taking into consideration the contentions advanced by
learned counsel for the petitioner, nature of accusation against him, material available in the case diary, his length of custody and the nature of injury suffered by the complainant; 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 Rakesh @ Rajesh @ Pagalnath S/o Badriprasad shall be released on bail under Section 483 BNSS in connection with aforementioned 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 com- ply with all the conditions laid down under Section 480(3) BNSS.
(MAHENDAR KUMAR GOYAL),J DIKSHA /199