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2026 DAILYLAW 9204 (RAJ)

MUKESH KUMAR S/O LATE SHRI PRATAP SINGH v. THE STATE OF RAJASTHAN

CRLMB/9383/2026 · 2026-06-30

Sangeeta Sharma

body2026

Judgment text

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[2026:RJ-JP:23990] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9383/2026 URN: CRLMB / 17269U / 2026 Mukesh Kumar S/o Late Shri Pratap Singh, Aged About 40 Years, R/o Plot No. 15 And 16, Shanti Nagar, Joshi Marg, Kalwar Road, Jaipur, Police Station- Jhotwara, Jaipur (Currently In Judicial Custody At Central Jail Jaipur, District- Jaipur) ----Accused-Petitioner Versus The State of Rajasthan, through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Anish Bhadala For State For Complainant(s) : : Mr. Tapesh Agarwal, PP Mr. Dinesh Khandelwal, Dr. T.N. Sharma, Mr. Shivang Khandelwal HON'BLE MRS. JUSTICE SANGEETA SHARMA Order 30/06/2026 1. The instant bail application has been filed on behalf of the accused-petitioner under Section 483 of BNSS in connection with FIR No. 155/2025 registered at Police Station Jhotwara, District Jaipur (West) for the offence(s) punishable under Sections 115(2), 126(2), 3(5) & 74 of B.N.S., 2023, in which charge-sheet has been submitted under Sections 115(2), 126(2), 3(5) & 109(1) of B.N.S., 2023. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case. He also submits that the accused-petitioner is in custody since long. He further submits that injured Shankar did not name accused- [2026:RJ-JP:23990] (2 of 3) [CRLMB-9383/2026] petitioner in this matter. He further submits that there is one another criminal case registered against the accused-petitioner under Section 323 & 341 IPC in which the accused-petitioner has already been acquitted; conclusion of trial will take its own time, so no fruitful purpose would be served by keeping the accused- petitioner behind the bars and, therefore, prays that the accused- petitioner may be granted the benefit of bail under Section 483 of BNSS. 3. Per contra, learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the submissions advanced by the learned counsel for the accused- petitioner hereinabove and submits that victim has sustained several injuries, therefore, it is prayed that the accused-petitioner should not be enlarged on bail. 4. Heard and considered the submissions made at the Bar and perused the material available on record; that the accused- petitioner is in custody since 16.05.2026. Taking into view the fact that the accused-petitioner has not been named in the present matter by the injured Shankar in his 'Parcha Bayan' and the injuries sustained by him are neither fatal nor dangerous to life as per medical opinion. It is also pertinent to mention that similarly situated co accused persons namely Shivcharan Singh @ Shibbu, Amrish Kumar Soni and Shyam Pratap Singh Rathod have already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 05.06.2026 and 16.05.2025 in S.B Criminal Miscellaneous Bail Application Nos. 4711/2026 and 4883/2025; that the trial will take its own time. Hence, this Court, without [2026:RJ-JP:23990] (3 of 3) [CRLMB-9383/2026] expressing any opinion on the merits/demerits of the case, deems it just and proper to enlarge the accused-petitioner on bail. 5. Therefore, the instant bail application under Section 483 BNSS is accordingly, allowed and the accused-petitioner Mukesh Kumar S/o Late Shri Pratap Singh is ordered to be released on bail, provided he furnishes a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the Trial Court, with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 6. It is made clear that the accused-petitioner shall not involve himself in any offence(s) during currency of the bail. 7. In case of any breach of the aforementioned condition, the learned Public Prosecutor shall be free to move the application against the accused-petitioner for cancellation of the bail before the concerned Court. 8. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. 9. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance. (SANGEETA SHARMA),J PUNEET KUMAR/109