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2025 Supreme(RAJ) 733

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
MAHENDRA MEENA SON OF RAMEKSH MEENA – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 1386 / 2025



Advocates:
Mr. Girish Khandelwal, Adv., Mr. Shree Ram Dhakar, PP

The court granted bail to the accused-petitioner due to insufficient evidence linking him to the negligent driving incident, emphasizing the importance of trial duration in bail considerations.

Headnote:(A) B.N.S.S. - Sections 483, 115(2), 126(2), 109(1), 103(2), 125(a), 281, 106(1) - Bail application - Accused-petitioner arrested in connection with FIR for causing death and injuries through negligent driving - Allegation against registered owner of vehicle, though not the driver - Court found no merit in opposing bail as the vehicle was driven by another individual - Bail granted upon conditions. (Paras 1-6)

Facts of the case:
The accused-petitioner was arrested for being implicated in a case where the driver of a vehicle allegedly caused death and injuries. The FIR was initially registered under specific sections, later adding more serious charges. The petitioner contends he was not driving at the time of the incident.

Findings of Court:
The court found that the vehicle was driven by another individual at the time of the incident, leading to the decision to grant bail.

Issues: The primary issue was whether the accused-petitioner should be granted bail given the allegations and the time the trial may take.

Ratio Decidendi: The court held that without expressing views on the merits of the case, the petitioner should be granted bail due to the lack of evidence implicating him as the driver responsible for the incident.

Result: Bail application allowed.

Order :

1. The instant 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.595/2024, registered at Police Station Lalsot, District Dausa, for the offence(s) under Sections 125(a), 281 and 106(1) of B.N.S.

2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated for the offences under Sections 115(2), 126(2), 109(1), 103(2) and 3(5) of B.N.S. It is contended that in the FIR, it is alleged that the driver of vehicle bearing No.RJ-25-CB-4135, drove the vehicle rash and negligently and caused injuries to several persons and one Golu Meena succumb to death. Initially the FIR was registered for the offences under Sections 125(a), 281, 106(1) of BNS and later on, Sections 109(1), 103(2), 126(2) and 115(2) of BNS were added. It is also contended that at the time of incident the accused-petitioner was not driving the vehicle, the allegation of causing death of deceased Golu and causing injuries to the other persons is attributed to Abhishek Meena. The accused-petitioner has been arrested solely on the ground that he is the registered owner of the said vehicle. The accused-petitioner is in custody since 21.11.2024 and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

3. Learned Public Prosecutor has vehemently opposed the grant of bail application and submitted the factual report.

4. Heard and perused the material available on the record.

5. The factual report shows that at the time of incident the vehicle was driven by Abhishek Meena and the accused-petitioner was sitting in the said vehicle. Though, it is alleged that the accused-petitioner and the other co-accused, who were co- passengers in the car in connivance with Abhishek Meena, deliberately ran over the vehicle on the deceased and other injured. However, in the factual report, it has been clearly stated that the vehicle was driven by Abhishek Meena, therefore, without expressing anything on the merits of the case and trial of the case may take considerable time, I deem it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioner- Mahendra Meena Son Of Rameksh Meena, in connection with FIR No.595/2024, registered at Police Station Lalsot, District Dausa, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so.

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