Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 19156 (RAJ)

CHANDRA PRAKASH S/O SHRI HANSRAJ GOCHAR v. THE STATE OF RAJASTHAN

CRLMB/12521/2025 · 2026-01-19

Pramil Kumar Mathur

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:2245] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12521/2025 Chandra Prakash S/o Shri Hansraj Gochar, R/o Jhotoli, Police Station Sultanpur, District Kota (Raj.) (At Presently Confined In District Jail District Kota). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Pawan Kumar Verma For Respondent(s) For Complainant : : Mr. Manvendra Singh Shekhawat, PP Mr. Shubham Saini for Mr. Rajendra Singh Tanwar Mr. Om Prakash Sarawag, Dy. S.P., Itawa, Kota Rural is present in person HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 19/01/2026 1. In pursuance of the order dated 12.01.2026, the Investigating Officer is present and has filed an affidavit tendering unconditional apology for having added Section 109 of the BNSS. Having considered the same and finding the apology to be unconditional, the presence of the Investigating Officer is hereby discharged. 2. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.172/2025 registered at Police Station Sultanpur, District-Kota Rural for offences under Sections 115(2), 126(2) and 3(5) of BNS. [2026:RJ-JP:2245] (2 of 3) [CRLMB-12521/2025] 3. Heard learned counsel for the petitioner, learned Public Prosecutor and counsel for the complainant and perused the material available on record. 4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that there is nothing on record to show any medical opinion from which it can be inferred that the injury caused to the injured, Mayaram, was dangerous in nature. Though a medical certificate has been issued by the Medical Officer, Medical College, Kota, in respect of injury No. 1, alleging the same to be a grievous injury but the Investigating Officer has wrongly and unnecessarily invoked Section 109 of the BNSS in the present case. The remaining offences are bailable in nature. Petitioner is behind the bars since his date of arrest. Charge-sheet has been filed. The trial of the case may take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, hence, the bail application of the petitioner may be allowed. 5. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail application. 6. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, and without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. 7. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioner-Chandra Prakash S/o Shri Hansraj Gochar shall be released on bail on his [2026:RJ-JP:2245] (3 of 3) [CRLMB-12521/2025] furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance before that Court on all the dates till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Arun/4