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2026 DAILYLAW 20436 (RAJ)

MUKLESH S/O LATE RAMJI LAL v. STATE OF RAJASTHAN

CRLMB/16255/2025 · 2026-01-13

Praveer Bhatnagar

body2026

Judgment text

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[2026:RJ-JP:1303] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No.16255/2025 Muklesh S/o Late Ramji Lal, Aged About 28 Years, R/o Raval, Police Station Kundera, District Sawai Madhopur, (Rajasthan) (At Present Judicial Custody In District Jail, Sawai Madhopur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pradeep Mathur, Adv. Mr. Paras Jain, Adv. For Respondent(s) For Complainant : : Mr. Rhishiraj Singh Rathore, PP with Mr. Anirudh Singh, Adv. Mr. Tarun Jain, Adv. with Mr. Durgesh Kumar Jangid, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 13/01/2026 1. The instant second 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.39/2025, registered at Police Station Kundera, Distrct Sawai Madhopur for the offences under Sections 189(2), 115(2), 126(2), 118(1) and 109(1) of BNS. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in the present case. It is contended that the name of the accused-petitioner is not mentioned in the FIR. As per the FIR, the injured was allegedly assaulted with weapons by Rajmal Meena, Mukesh, Mithlesh, Rajendra and Mangal Meena, using an axe and gadasi. It is further [2026:RJ-JP:1303] (2 of 3) [CRLMB-16255/2025] alleged therein that Rajendra Meena fired at the injured. Learned counsel for the petitioner further submits that, after investigation, the police exonerated all the named accused except Akhilesh and Aakash. The role of the petitioner-Muklesh is not specifically assigned as to the injuries caused to the injured Sonu. It is further argued that in the statement recorded under Section 180 of the BNSS, injured Sonu has stated that he was beaten by Namo Meena, Navin, Akhilesh, Aakash, Mangal, Muklesh, Mukesh, Rajendra, and Mukesh, Rajmal, Aakash and Mangal caused injuries with the aid of gandasa. Thus, there is no specific attribution about the injuries caused to the injured. It is also contended that the eye-witness PW-5 Premraj has turned hostile and not supported the prosecution story. It is further contended that the accused-petitioner is in custody since 12.02.2025, is a young person aged about 28 years and is preparing for competitive examinations and has no criminal antecedents and further the trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the grant of bail application. It is contended that the accused- petitioner along with co-accused Akhilesh and Aakash, caused several injuries to the injured Sonu, resulting in amputation of his right hand and left leg. The concerned Court has taken judicial notice of the nature of injuries sustained by the injured. It is further contended that after a thorough investigation, the police found the involvement of the petitioner along with co-accused Akhilesh and Aakash and at the instance of the petitioner- [2026:RJ-JP:1303] (3 of 3) [CRLMB-16255/2025] Muklesh, a blood-stained gandasa was recovered. The material eye-witnesses are yet to be examined. Therefore, considering the gravity of the offence and the nature of injuries caused to the injured, the bail application of the accused-petitioner deserves to be dismissed. 4. Heard and perused the material available on record. 5. It is not apposite for this Court to comment upon the probative value of the statement of injured PW.12 Sonu. In his examination-in-chief, PW.12 Sonu has stated that accused- petitioner along with other co-accused caused injury to him. The material witnesses are yet to be examined, therefore, considering the aforesaid facts and specifically the nature and gravity of the injuries caused to the injured, this Court is not inclined to enlarge the accused-petitioner on bail. 6. Accordingly, the instant second bail application filed by the accused-petitioner is hereby dismissed. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-7