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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
RAVI CHIRANIA
Mukesh Kumar, S/o. Subhash Chandra – Appellant
Versus
State Of Rajasthan, Through Pp. – Respondent
ORDER :
RAVI CHIRANIA, J.
[1]- S.B. Criminal Miscellaneous Bail Application No. 9654/2025 (Mukesh Kumar Vs. State of Rajasthan) :
1. The instant bail application under Section 483 B.N.S.S. has been filed by accused-applicant Mukesh Kumar S/o. Subhash Chandra in connection with FIR No.211/2024 registered at P.S. Gogamedi, District Hanumangarh for offence under Sections 103 (1), 115(2), 126(2), 191(2), 190, 331(8), 191(3), 109(1), 118(2), 127(2) of B.N.S., 2023 and Section 4 /25 of Arms Act, against the rejection order dated 06.8.2025 passed by learned Additional Sessions Judge No.2, Nohar, District Hanumangarh in Criminal Misc. Case No.238/2025 (Sessions Case No.03/2025, State Vs. Deepak & Anr.), whereby the bail application filed by the petitioner has been rejected.
2. Counsel for the petitioner submits that the petitioner was arrested by the police in connection with the FIR impugned on 19.11.2024. The Investigating Officer conducted investigation and filed charge-sheet on 15.12.2024 and statements of material witnesses have also been recorded by the trial court. He submitted that the FIR impugned shows that one Bishan Singh S/o. Bhanwar Singh lodged a named FIR against certain pers
The court determined the necessity for bail based on the absence of direct allegations against certain petitioners, while evidence of serious involvement warranted denial for another.
Bail is warranted for bailable offenses when prior serious allegations are cleared, and investigations are complete, focusing on the nature of involvement rather than just the charges.
The heinousness of the offense, evidence available on record, and the accused-applicants' criminal history were central to the court's decision in rejecting the bail applications.
The court established that the seriousness of the charges and the evidence against the accused are critical factors in determining bail eligibility under Section 439 Cr.P.C.
Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by court while exercising its discretion.
Insufficient prima facie evidence to link the applicant to organized crime syndicate warrants bail under MCOCA's stringent conditions.
Delay in filing an FIR and contradictions in witness statements can undermine the prosecution's case, leading to approval for bail despite serious allegations.
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