[2025:RJ-JP:43763] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 14044/2025 Himesh Chaudhary @ Situ S/o Mahendra, Aged About 19 Years, R/o Gram Daulatpura, Police Station Sadar, District Bundi (Raj.). (Presently Confined In District Jail Bundi). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajendra Singh Tanwar For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 31/10/2025 1. The second bail application under Section 483 of BNSS is filed by the applicant-accused Himesh Chaudhary @ Situ S/o Mahendra seeking bail in respect of a criminal case registered as FIR No.445/2024 dated 24.11.2024 registered at P.S. Sadar Bundi District - Bundi, for the offence under Sections 115(2), 332(c), 189(2) of BNS of BNS. The first bail application of petitioner was dismissed as withdrawn on 11.09.2025 with liberty to file fresh after recording statement of Dr. Hemant and Dr. Ashish. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the [2025:RJ-JP:43763] (2 of 4) [CRLMB-14044/2025] jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. He further submitted that statement of Dr. Ashish has been recorded as PW-6 but Dr. Hemant has expired and his statement could not be recorded. He further submitted that injured has been examined as PW-5 and he named other persons as well for assault on skull whereas there is one injury on skull. He also submitted that petitioner is not having any criminal background, who is in custody since his arrest. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. While considering first bail application on 11.09.2025, same is dismissed as withdrawn with liberty to file after recording of statement of Dr. Hemant and Dr. Ashish. The material on record indicated that Dr. Ashish Kumar has examined as PW-6 whereas Dr. Hemant has expired on 27.09.2025. Injured Jaswant has been examined as PW-5 and we have also considered the statement of PW-2 Vijendra Choudhary, PW-3 Om Shankar and PW-4 Narottam as well. There is one grievous injury upon injured and same is upon skull and [2025:RJ-JP:43763] (3 of 4) [CRLMB-14044/2025] caused by blunt object. There is no criminal antecedents against the petitioner. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 8. Thus, the instant bail application filed on behalf of applicant- accused Himesh Chaudhary @ Situ S/o Mahendra, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. [2025:RJ-JP:43763] (4 of 4) [CRLMB-14044/2025] 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /25