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2025 DAILYLAW 47412 (RAJ)

SHAITAN PRAJAPAT S/O SH. MANGALRAM v. THE STATE OF RAJASTHAN

CRLMB/8848/2025 · 2025-10-16

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:42380] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8848/2025 Shaitan Prajapat S/o Sh. Mangalram, Aged About 30 Years, R/o Village Katsura Police Station Arai District Ajmer. (At Present Confined In Central Jail Ajmer) ----Accused-Applicant Versus The State Of Rajasthan, Through PP ----Non-Applicant For Applicant(s) : Dr. Vibhuti Bhushan Sharma with Mr. Pushpendra Kumar Pandey For Non-Applicant(s) : Ms. Arti Sharma, PP Mr. Jaiprakash Tiwari, PP Mr. Krishan Kumar Sharma HON'BLE MR. JUSTICE SAMEER JAIN Judgment 16/10/2025 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. 80/2025 registered at Police Station Arain District Ajmer for the offence(s) under Sections 115(2), 126(2), 352, 351(2), 351(3) & 189(2) of BNS, 2023. 2. Learned counsel for the accused-applicant has submitted that applicant is sole bread earner for his family. It is submitted that the present is a case of cross FIRs, which were made to be registered by the accused as well as the complainant and charge- sheets have been filed in both matters. It is submitted that both the sides have sustained injuries and applicant is behind bars ever-since 19.06.2025. It is submitted that there are no criminal antecedents against the accused-applicant. [2025:RJ-JP:42380] (2 of 2) [CRLMB-8848/2025] 3. Per contra, learned counsel for the complainant has submitted that the place of incident is near the complainants’ shop. It is submitted that the medical report has specifically stated that the injuries were grievous and life threatening. It is submitted that the victim is still in trauma due to the aggressive act of the accused-applicant. It is submitted that the offence is heinous in nature and the injuries were life threatening. It is also apprised to the Court that the period of custody is merely four months. 4. Learned Public Prosecutor has objected to the instant bail application. 5. Considering the overall facts and circumstances of the matter, and taking note of the fact that in the matter at hand allegations of inflicting life threatening injuries are leveled; that the medical report is in rhyme with the story of prosecution, this Court is not inclined to enlarge the accused-applicant on bail, at this stage. 6. Accordingly, the present bail application is dismissed, at this stage. (SAMEER JAIN),J DEEPAK/15