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2026 DAILYLAW 15058 (RAJ)

BOBY MEHRA S/O BHOJRAJ v. STATE OF RAJASTHAN

CRLMB/410/2026 · 2026-02-02

Ashok Kumar Jain

body2026

Judgment text

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[2026:RJ-JP:4946] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 410/2026 Boby Mehra S/o Bhojraj, Aged About 21 Years, R/o House No. 2- D-47 Sanjay Nagar Police Thana Vigyan Nagar, Kota Rajasthan. (At Present Confined At Central Jail Kota) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan with Ms. Faziya G. Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/02/2026 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Boby Mehra S/o Bhojraj seeking bail in respect of a criminal case registered as FIR No.129/2025 dated 25.04.2025 registered at P.S. Vigyan Nagar District – Kota City, for the offence under Sections 109(1), 126(2), 189(2) of BNS. 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 jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2026:RJ-JP:4946] (2 of 5) [CRLMB-410/2026] 3. Learned counsel for the petitioner submits that on 04.09.2025 this Hon’ble Court dismissed the bail application of the present petitioner; thereafter, on 02.12.2025, second bail application of accused Love Mehra was allowed. He further referred to the observations made by this Hon’ble Court while passing the order dated 02.12.2025 and submitted that the injured PW-4 Himanshu has not named the present petitioner for any deadly assault. He also submitted that other witnesses have turned hostile and have not supported the case of the prosecution. At last, he submitted that the present petitioner is in custody for last few months and undertakes not to repeat the offence. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that 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. The first bail application of the present petitioner was dismissed on 04.09.2025 while observing as under: “On the basis of report lodged by complainant Nikku Sharma on 25.04.2025 for incident of stabbing by Bobby, Love and Anshul from Knives, thereby causing injuries upon Himanshu, a report is registered and the matter is investigated. During investigation the statement of injured Sameer @ Himanshu were recorded under Sections 180 and 183 of BNSS. The injury report is prepared along with treatment record. As per injury report Himanshu has sustained four [2026:RJ-JP:4946] (3 of 5) [CRLMB-410/2026] injuries from sharp edged object, wherein injury no.4 was opined as simple but after treatment record injury nos. 2 and 3 were found as simple in nature. The injury no.1 which is on scapula was found as dangerous to life and grievous in nature. After investigation police has filed a charge-sheet after arrest of accused on 26.04.2025. Co-accused Shoaib Hussain was alrelady granted bail. Two criminal cases were registered against Bobby Mehra and one against Love Mehra. The material on record clearly indicate that both the petitioners were having knives and both have assaulted injured Sameer @ Himanshu. The injury no.1 is specifically assigned to Bobby but it is apparent that injury no.2 on right side of back lateral to spine is also caused by sharp edged weapon. Both the petitioners are named in FIR, who used knives to assault, therefore, their case is different from the case of Shoaib Hussain.” 7. Thereafter, four witnesses were examined by the trial court and this Court allowed the second bail application of accused Love Mehra and observed as under: “In examination-in-chief, the injured has named four persons who assaulted with knife and named Nikku and Chetan, who took him to the hospital. However, both Nikku (PW-1) and Chetan (PW-2) have turned hostile. Even Kuldeep, who was named by the police as an eyewitness was examined as PW-3, has also turned hostile. Injury No. 1 has been opined as dangerous to life. It is a case of poor prosecution that the Public Prosecutor has failed to specify the injury [2026:RJ-JP:4946] (4 of 5) [CRLMB-410/2026] and also specific attribution and assault made by the accused, facing trial. It appears that Public Prosecutor appointed in court of learned Additional Sessions Judge No.6, Kota is not having enough competency to conduct prosecution on behalf of State of Rajasthan.” 8. Besides the present case, two more criminal cases were registered against the petitioner and this Court has considered FIR No. 254/2020 dated 19.09.2020 registered at Police Station Vigyan Nagar, Kota City. 9. 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. 10. Thus, the instant bail application filed on behalf of applicant- accused Boby Mehra S/o Bhojraj, 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 mark his attendance on every Tuesday of every month in the concerned police station till disposal of the case. [2026:RJ-JP:4946] (5 of 5) [CRLMB-410/2026] (iii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iv) 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. (v) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 11. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /03