[2026:RJ-JP:57] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No.16753/2025 Jaypal S/o Kaluram, Aged About 28 Years, R/o Khidarpur Police Station Shekhpur Ahir, District Khairthal-Tijara, Rajasthan. (Presently Accused Petitioner Is Confined In Sub Jail Kishangarhbas). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Swapnil Singh Patel, Adv. For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 06/01/2026 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.128/2025, registered at Police Station Shekhpur Ahir, District Bhiwadi for the offence(s) under Sections 115(2), 126(2) and 125(a) of BNS. 2. The petitioner has moved the second bail application with the contention that the petitioner is behind the bars since long and the first bail application was dismissed with the liberty to file afresh after recording of the statement of the injured witness Sateesh Kumar Sharma. It is contended that the statements of Sateesh Kumar Sharma has already been recorded and the same is not believable and self-contradictory. During cross-examination, the injured witness admitted that he had also pelted stones at the [2026:RJ-JP:57] (2 of 3) [CRLMB-16753/2025] accused, which clearly indicates the existence of an old enmity between the petitioner and the complainant. It is further argued that because of the said rivalry, the petitioner has falsely been implicated in the present case and the X-ray report is also not available on the record. Therefore, considering the long period of incarceration of the accused-petitioner and considering the fact that there are no criminal antecedents against the accused- petitioner, the second bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail and submitted that the injured in his statement before the Court has categorically deposed that the petitioner threw a stone at him which resulted in a head injury. It is further contended that the concerned medical jurist, in his opinion, has clearly assigned the injury caused to the injured on his head as dangerous to life. The medical report further reveals that the injured sustained a fracture of the temporal bone and right mastoid hemorrhagic opacification of the hemisinus complex, as detected in the X-ray report. Therefore, considering the gravity and nature of the injuries sustained by the injured, the second bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. The first bail application of the accused-petitioner was dismissed by this Court with liberty to file afresh after recording the statement of the injured-Sateesh Kumar Sharma. In his deposition, the injured has clearly stated that the petitioner threw a stone at him, which resulted in a head injury. At this stage, it is not desirable to express anything on the probative value of the [2026:RJ-JP:57] (3 of 3) [CRLMB-16753/2025] statement of the injured witness. The medical jurist, in his opinion, has clearly stated that the injury sustained by the injured was dangerous to life, as a result of which the injured suffered fractures in the mastoid as well as in the parietal region and remained hospitalized. Therefore, considering the aforesaid facts, this Court is not inclined to enlarge the accused-petitioner on bail. 6. Accordingly, the second bail application of the accused- petitioner is hereby dismissed. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-12