[2026:RJ-JP:256] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 16903/2025 1. Satyanarayan S/o Kailash, Aged About 30 Years, R/o Moda Patti, Police Station, Sadar Dausa, District Dausa. (Presently Confined In District Jail, Dausa). 2. Rajesh Kumar S/o Ramgopal, Aged About 43 Years, R/o Moda Patti, Police Station Sadar Dausa, District Dausa. (Presently Confined In District Jail, Dausa). ----Petitioners Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Anshuman Saxena with Mr. Amit Choudhary Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/01/2026 1. The present bail application under Section 483 of BNSS is filed by the applicants-accused Satyanarayan S/o Kailash and Rajesh Kumar S/o Ramgopal seeking bail in respect of a criminal case registered as FIR No.231/2025 dated 11.06.2025 registered at P.S. Sadar Dausa District - Dausa, for the offence under Sections 191(2), 191(3), 190, 126(2), 115(2), 329(3), 109(1) of BNS. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are [2026:RJ-JP:256] (2 of 6) [CRLMB-16903/2025] no chance of fleeing of applicants 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. 3. Learned Counsel for the petitioner submits that the first bail application of these petitioners was dismissed on 16.09.2025, but this Hon’ble Court has observed about the recording of statements of both the injured, namely Hari Narayan and Ram Rai, and also Dr. Ravi Kant, and now the statements have been recorded by the trial court. He also submitted that there is previous animosity between the parties and both the injured were already bound down by the Municipal Board. He further submitted that the cross- examination of PW1 Dr. Ravi Kant, clearly suggests that pneumothorax may be due to other reasons and in the current case no such report is filed. He also referred to the HRCTC report of Ram Rai Sharma and submitted that the left lung field was found to be normal, but later, after fabricating the documents, a report is prepared in favour of the injured. He also referred to the cross-examination of PW2 Ram Rai, and PW3 Hari Narayan, and submitted that it was not a premeditated fight, as there was gross examination and the parties are neighbours. He further submitted that the petitioners are in custody for quite some time and they are not having any criminal antecedents. 4. Aforesaid contentions were opposed by Learned Counsel for the complainant and Learned Public Prosecutor. Learned Counsel for the complainant has placed on record an [2026:RJ-JP:256] (3 of 6) [CRLMB-16903/2025] affidavit of Lucky Sharma to show that after the incident, the son of one of the petitioner Rajesh Sharma, has threatened by uploading reels on Instagram. He referred to a copy of the printout and submitted that after release of the present petitioners, the safety and security of the complainant party may be affected. He also referred to the medical condition and the medical documents but denied the allegations levelled by Learned Counsel for the petitioner. 5. Heard Learned Counsel for the parties and Learned Public Prosecutor and perused the material placed on record. 6. On an earlier occasion, this Court considered the bail application of both the petitioners on 16.09.2025 and after considering the arguments, observed as under: On the basis of complaint lodged by Suresh Chand on 11.06.2025 about incident of 10.06.2025 between 16:00 hours to 19:00 hours, a report was registered and the matter investigated. The timeline clearly indicates that after few hours of the incident, a report was lodged by the complainant. A cross-case FIR No. 232/2025 was registered at PS on 11.06.2025, which means almost 23 hours after the incident. A civil suit was filed by Kalyan Sahay and others against Hiralal and others for permanent and perpetual injunction regarding construction and obstruction on easementary right of way and public place by defendants. The present petitioners are plaintiff side and the complainant is defendant side. During investigation, police recorded statements of injured Ram Rai and [2026:RJ-JP:256] (4 of 6) [CRLMB-16903/2025] Hari Narayan, and both of them named Rajesh and Satya Narayan for deadly assault. Injury report of Ram Rai indicated that he sustained 6 injuries, and injury nos. 1 and 2 were found grievous after X-ray of chest. Another injured, Hari Narayan, sustained 4 injuries, and injury nos. 1 and 3 were found grievous in nature. The X-ray suggests fractures on the left side of parietal bone and temporal bone. As per opinion dated 04.08.2025, injury nos. 1 and 2 were not found dangerous to life. Police sought opinion regarding injury nos. 1 and 2 of injured Ram Rai, and on 08.08.2025, Medical Jurist Dr. Ravikant opined that injury nos. 1 and 2 collectively are dangerous. In this case, Learned Counsel for Complainant has filed treatment record for perusal of this Court, and we have considered the report as submitted. The important factor is that the age of Hari Narayan is 68 years and Ram Rai is 71 years, a civil suit is already filed by petitioner party, and moreover the allegations indicate that they were bound down to maintain peace. 7. The age of injured Hari Narayan is 68 years and Ram Rai is 71 years. Both the parties have registered cross-cases against each other and they are neighbours. The statements of injured PW2 Ram Rai and PW3 Hari Narayan were recorded and this Court has gone through the statement of PW1 Dr. Ravi Kant, who is not the treating doctor. Serious doubt is raised by the medical record and the same is not subject matter for consideration at the stage of bail. There is [2026:RJ-JP:256] (5 of 6) [CRLMB-16903/2025] pending civil dispute between the parties. The allegation is made about improvement in the statement by the injured. There is no criminal antecedent against the petitioners. The printout of the Instagram reel is placed on record with the affidavit of Lucky Sharma, who is the grandson of Badri Narayan, and Badri Narayan is the brother of Ram Rai. 8. Considering overall circumstances, without expressing opinion on merits of the case, the instant bail application filed on behalf of applicants-accused Satyanarayan S/o Kailash and Rajesh Kumar S/o Ramgopal, is hereby allowed and the applicant-accused are ordered to be released on bail with the condition that each of the petitioner would furnish 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 applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall ensure that in no case, they will confront the injured or any of their family member till disposal of criminal case before the trial court. (iii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iv) The applicants-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. [2026:RJ-JP:256] (6 of 6) [CRLMB-16903/2025] (v) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. 10. A copy of this order be sent to S.P. Dausa, Dist. Dausa for taking action against Harsh Sharma son of Rajesh Sharma, who is having Instagram ID “harsh.sharma5500”. The S.P. is directed to file compliance of action within four weeks from the date of receipt of copy of this order before the trial court. (ASHOK KUMAR JAIN),J PREETI VALECHA /05