[2025:RJ-JP:14428] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2367/2025 Shivam @ Shubham S/o Kanhaiya Lal, R/o Ward No. 62, Mohan Chat Wale Ke Makan Ke Pas, Kotdi, Gordhanpura, Kota, Presently Santoshi Nagar Chowk, Rupchand Yadav Ka Makan Kota, Police Station Mahaveer Nagar, Kota. (At Present Confined In Central Jail, Kota, District Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajesh Gadwal, Adv. For Respondent(s) : Mr. Amit Kumar Gupta, PP Mr. Jitendra Singh Rathore, Addl.G.A. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 28/03/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.139/2024, registered at Police Station Gumanpura, District Kota City, for the offence(s) under Sections 308, 341, 323 and 34 of IPC. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been involved for the offences under Sections 341, 323, 324, 307, 308, 147, 148 and 149 of IPC and Section 4/25 of the Arms Act. It is argued that in the FIR, the name of the accused-petitioner was not mentioned. Later on, the injured Mahendra Bhardwaj and Beenu Bhardwaj in their statements rendered under Section 164 of Cr.P.C. have improved [2025:RJ-JP:14428] (2 of 3) [CRLMB-2367/2025] their version and named the accused-petitioner. It is also argued that the other co-accused have already been enlarged on bail by the trial Court itself. The accused-petitioner is in custody since 03.07.2024 and the charge-sheet against the accused-petitioner has already been produced. The concerned medical jurist has not opined that injury No.1 caused to Beenu Bhardwaj at her abdomen was dangerous to life and the other injuries sustained to injured- Mahendra Bhardwaj and are not at the vital part rather found to be simple in nature, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the specific allegation of causing injuries to injured- Mahendra Bhardwaj and Beenu Bhardwaj with the aid of knife are against the present accused- petitioner. At the instance of the accused-petitioner recovery of knife was effected. The injured witnesses in their statements under Section 164 of Cr.P.C. has specifically named the present accused-petitioner as the main assailant and the accused- petitioner was also identified in the identification parade conducted by the Police. It is also contended that against the accused- petitioner several other other criminal cases are pending in trial under Section 307 of IPC and Section 4/25 of the Arms Act and Section 342 and 365 of IPC, therefore, considering the act and conduct of the present accused-petitioner, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. The specific allegation of causing injuries with the knife is against the present accused-petitioner and the injured witnesses [2025:RJ-JP:14428] (3 of 3) [CRLMB-2367/2025] namely- Mahendra Bhardwaj and Beenu Bhardwaj in their statements rendered under Section 164 of Cr.P.C. have named the present accused-petitioner as one of the assailant. At the instance of the accused-petitioner knife was recovered and the injured Beenu Bhardwaj sustained knife injuries at her abdomen, though the final opinion regarding injuries caused to Beenu Bhardwaj has not been placed on record, however, considering the act of the accused-petitioner, this Court is not inclined to enlarge the accused-petitioner on bail. 6. Accordingly, the instant bail application of the accused- petitioner is hereby by dismissed. The accused-petitioner shall be free to move the bail application after recording of the statements of the injured witness Mahendra Bhardwaj, Beenu Bhardwaj and also the statement of the concerned medical jurist. The concerned Court shall make all endeavors to record the statements of the witnesses on priority basis. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-171