[2025:RJ-JP:4547] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. (Petition) No. 681/2025 Aakash Son of Jugalkishore, Resident of Near Old Police Station, Mundawar, Police Station Mundawar, District Kherthal, Tijara, Rajasthan. ----Petitioner Versus 1. State of Rajasthan, through PP 2. S.H.O. Police Station Mundawar, Distt. Khairthal Tijara. 3. Investigating Officer, Police Station Mundawar, Distt. Khairthal Tijara. 4. Vinay Kumar Son of Omprakash, Resident of Town Mundawar, Kherthal, Tijara District Khairthal Tijara. ----Respondents For Petitioner(s) : Mr. Manish Kumar For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 03/02/2025 1. This criminal misc. petition under Section 528 of BNSS has been filed by the petitioner with a challenge to order dated 23.01.2025 passed by the Court of learned Additional District & Sessions Judge Mundawar, District Khairthal-Tijara in Criminal Misc. Bail Application No.17/2025, whereby, the bail granted to the petitioner by the Police, was cancelled. 2. Learned counsel for the petitioner submits that after registration of the FIR No.397/2024 against the accused-petitioner at Police Station Mundawar, District Khairthal-Tijara for the offences punishable under Sections 115(2) & 126(2) of BNS, the accused-petitioner was extended benefit of bail by the Police, in [2025:RJ-JP:4547] (2 of 3) [CRLMP-681/2025] view of the fact that the offence as alleged against him are bailable offences. Later on, during investigation, non-bailable offences were also added and in view of the said non-bailable offence, the bail already granted to the petitioner by the Police, has been cancelled. 3. Learned Public Prosecutor has opposed the petition and submits that there is no illegality or infirmity in the order passed by the Court below. 4. Considered the submissions made by the counsel for the petitioner and also perused the facts borne out from the impugned order. 5. As per the impugned order, initially the petitioner was allowed benefit of bail by the Police, in view of the fact that the criminal case registered against him is bailable offence. However, during investigation the offence under Section 110 of BNS was added looking to the grievous injury that is fracture of right tibia bone. 6. In view of the material facts of the case that the offence under Section 110 of BNS was added in view of the fracture of right tibia bone of the injured-complainant, this Court feels that now once the petitioner has been extended the benefit of bail by the Police, it would not be appropriate to keep the accused- petitioner behind the bars. 7. Taking into consideration the totality of the facts and circumstances of the case, this Court feels that it is a fit case to exercise the inherent powers of this Court vested under Section 528 of BNSS. [2025:RJ-JP:4547] (3 of 3) [CRLMP-681/2025] 8. Accordingly, this criminal misc. petition is allowed and the order dated 23.01.2025 passed by the Court of learned Additional District & Sessions Judge Mundawar, District Khairthal-Tijara in Application No.17/2025 is quashed and set aside. 9. The observations of this Court shall not affect the investigation and trial of the case in any manner. (GANESH RAM MEENA),J DIVYA SAINI /48