SANTOSH @ BHAYA S/O SHRI LAXMAN RAO v. THE STATE OF RAJASTHAN
CRLMB/6898/2026 · 2026-05-13
Pramil Kumar Mathur
body2026
DailyLaw.ai
[ 2026 DAILYLAW 7101 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 7101 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2026:RJ-JP:20301] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6898/2026 Santosh @ Bhaya S/o Shri Laxman Rao, Aged About 45 Years, R/o Maliyo Ki Dhani, Railway Line, Shiv Mandir, Madanganj Kishangarh, Police Station Gandhi Nagar, Ajmer. (At Present In Central Jail, Ajmer). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 13/05/2026
1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.81/2026 registered at Police Station Gandhi Nagar (Ajmer), District Ajmer for offences under Sections 189(2), 115(2) and 126(2) of BNS, 2023.
2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.
3.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that the FIR has been lodged after an unexplained delay of 11 days. He submits that the medical examination of the injured, Mahender Singh, was conducted on 23.03.2026, whereas the medical opinion declaring the injury to be dangerous to life was given on 08.04.2026 without any X-ray examination. The delay in conducting the medical examination as well as in rendering the
[2026:RJ-JP:20301] (2 of 3) [CRLMB-6898/2026] medical opinion casts serious doubt on the prosecution story. He further submits that the Medical Officer, who opined that the injury was dangerous to life, himself stands implicated in a case before the Anti-Corruption Bureau for allegedly accepting a bribe of Rs.1,60,000/- for giving a false medical opinion; therefore, the medical opinion rendered by the said doctor is not reliable. In support of his contentions, learned counsel has placed reliance upon the bail order dated 01.11.2021 passed in Criminal Misc. Application No.79/2021 by the learned Special Judge, Session Court (PC Act), Ajmer. He further submits that, in fact, the petitioner had lodged a report under the POCSO Act against the son of the injured Mahender Singh, and in order to settle scores on account of the said incident, the present false and concocted FIR has been lodged against the petitioner. The petitioner has been behind bars since 14.04.2026 and has no criminal antecedents. The trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, consequently, the bail application deserves to be allowed. 4. Learned Public Prosecutor has vehemently opposed the bail application. 5. On consideration of the rival submissions and material available on record and in light of submissions made by learned counsel for the petitioner but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. 6.
Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner Santosh
[2026:RJ-JP:20301] (3 of 3) [CRLMB-6898/2026] @ Bhaya S/o Shri Laxman Rao, be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court on all subsequent dates of hearing till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Arun/77