[2025:RJ-JP:37620] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9649/2025 Harish S/o Shri Pappu Lal, Aged About 20 Years, Resident Of Chokadi, P.s. Choth Ka Barwada, Sawai Madhopur, Rajasthan India. ( At Present Confined In District Jail Sawai Madhopur) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Sunil Tyagi with Mr. Anirudh Tyagi and Mr. Saurabh Vaishnav For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Swati Sharma for Mr. Girish Khandelwal HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 03/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Harish S/o Shri Pappu Lal seeking bail in respect of a criminal case registered as FIR No.151/2025 dated 23.05.2025 registered at P.S. Choth Ka Barwada District - Sawaimadhopur, for the offence under Sections 115(2), 126(2), 189(2) of BNS and 3(1)(s) of SC/ST (POA) Act. 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:37620] (2 of 4) [CRLMB-9649/2025] 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. Learned counsel for petitioner referred the facts of the case and submitted that the injured has sustained injuries due to felling from bike and later with a pre-planned attempt, a case of assault has been registered by complainant on 23.05.2025. He further submitted that no there is no explanation for delay in lodging FIR. He further submitted that there is a previous animosity between the parties admitted by complainant injured. He also submitted that this is a case not only of over implication but also of false implication. He further submitted that not a single injury upon Manish and Sonu is on vital parts and none of the injuries were opined as dangerous to life. He further submitted that in June, 2024 FIR No. 293/2024 is registered by accused party and as a counter blast, present case is registered against the party. He further submitted that there is no criminal antecedents against the petitioner and he is a student and he referred educational documents for the purpose and submitted that charge-sheet has not been filed. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station. 5. Learned counsel for complainant has also opposed the bail application and submitted that in the instant case injured [2025:RJ-JP:37620] (3 of 4) [CRLMB-9649/2025] were brutally assaulted and same is evidence from the injury reports. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On 23.05.2025, complainant Banshi, who is father of both injured Manish and Sonu has lodged a report against 8 named persons and 7-8 unnamed persons for interception and deadly assault upon his son Manish and Sonu. In early morning of 23.05.2025, report is registered and matter is investigated. During investigation, statement of witnesses were recorded wherein present petitioner is named. The injury report of Manish Kumar indicated 10 injuries and out of which five injuries were found as grievous. The material on record indicated that there is a fracture on proximal phalanx (index finger of left hand), fracture on right radius and ulna bone (right fore-arm), fracture on right tibia and febula (right leg), fracture on tibia and febula (left leg) and fracture on neck of femur (pelvis). There were 10 injuries upon Sonu and injury No.7 and 10 were grievous in nature which indicated that there is a fracture on right tibia (right leg) and fracture on 5th Meta corporal bone (left hand). The material on record indicated that due to alleged assault upon Papulal (father of present petitioner) and Uncle Dhara Singh, present petitioner was annoyed and to take revenge, he assaulted both injured after hitting their bike from is own Bolero. The material on record indicated that there is no criminal antecedents against the petitioner but number of [2025:RJ-JP:37620] (4 of 4) [CRLMB-9649/2025] injuries upon injured suggest that they were brutally assaulted and present petitioner is main accused. 8. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 9. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 10. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Harish S/o Shri Pappu Lal is hereby dismissed. (ASHOK KUMAR JAIN),J PREETI VALECHA /219