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2026 DAILYLAW 16335 (RAJ)

KANHAIYA LAL @ RAJU TOPI S/O SHRI DEVI LAL v. THE STATE OF RAJASTHAN

CRLMB/1540/2026 · 2026-02-12

Praveer Bhatnagar

body2026

Judgment text

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[2026:RJ-JP:6729] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 4th Bail Application No.1540/2026 Kanhaiya Lal @ Raju Topi S/o Shri Devi Lal, R/o Pawan Ki Gali, Karni Nagar, Police Station Nanta, Kota City Kota (Raj.) (At Presently Confined In District Jail Kota). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Kumar Yadav, Adv. For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 12/02/2026 1. The instant fourth 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.220/2024, registered at Police Station Nanta, District Kota City, for the offence(s) under Sections 109(1), 115(2) and 126(2) of BNS. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended by learned counsel for the petitioner that the first bail application of the petitioner was dismissed on 17.03.2025, second bail application was dismissed on 22.07.2025 and third bail application was dismissed on 19.12.2025. It is also contended that the allegations against the petitioner pertains to injury caused to PW.5 Ajay, is not corroborated by any other eye-witness or material [2026:RJ-JP:6729] (2 of 3) [CRLMB-1540/2026] witnesses. The Investigating Officer has already been examined as PW.12 and out of total 15 witnesses, 14 witnesses have already been examined. The accused-petitioner is in custody since 14.10.2024 and further trial of the case may take considerable time, therefore, considering the period of long incarceration, the bail application of the petitioner may be allowed. Learned counsel for the petitioner has also submitted the order passed in the matter of Himmat Singh Vs. State of Rajasthan, S.B. Criminal Misc. Second Bail Application No.13962/2025, whereby, the Co- ordinate Bench allowed the bail application of the other co- accused. 3. Per contra, learned Public Prosecutor has vehemently opposed the grant of the bail application and contended that this Court has dismissed the bail application of the petitioner twice after considering the merits of the case and the statement rendered by PW.5 Ajay in his deposition before the trial Court. The bail application was dismissed by this Court on merits, without expressing anything with regards to the veracity of the statement made by PW.5 Ajay. It is contended that out of 15 witnesses, 14 have already been recorded and the trial has proceeded expeditiously and is on the verge of completion, therefore, considering the aforesaid facts, the bail application of the accused- petitioner may be dismissed. 4. Heard and perused the material available on record. 5. This Court in the previous bail order while dismissing the bail, recorded that the nature of allegations levelled against the petitioner are grave. It is alleged against the petitioner that he with the aid of a knife caused injury on the abdomen and other [2026:RJ-JP:6729] (3 of 3) [CRLMB-1540/2026] bodily injuries to PW-3 Vinod. Therefore, considering the aforesaid facts, without expressing anything on the merits, this Court is not inclined to enlarge the accused-petitioner on bail. 6. Accordingly, the instant fourth bail application of the accused-petitioner is hereby dismissed. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-4