[2025:RJ-JD:45358]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 11838/2025 Mukesh Kumar S/o Kuldeep, Aged About 33 Years, Resident Of Jatan, Tehsil Bhadra, District Hanumangarh (In Judicial custody At Sub Jail, Bhadra)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9229/2025 Anil Kumar @ Sunil Kumar S/o Sh. Hardat Singh, Aged About 26 Years, R/o Kalana, Tehsil Bhadra, District Hanumangarh (Rajasthan)

(Lodged In Sub Jail, Bhadra)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manjeet Godara Mr. Suresh Nehra For Respondent(s) : Mr. Narendra Gehlot, PP Mr. OP Choudhary Mr. Jogendra Singh-complainant HON'BLE MR.JUSTICE SANDEEP SHAH

Order

15/10/2025

1. The applicants have filed the present bail applications being aggrieved against the order dated 10.06.2025 passed by the learned Additional Sessions Judge, Bhadra, District Hanumangarh, in Criminal Bail Application No.123/2025 (CIS No.123/2025) & Criminal Bail Application No.122/2025 (CIS No. 122/2025), in Sessions Case No. 44/2024 “State vs. Sapin Sharma & Ors.”, whereby the bail applications filed by the accused-applicants under Section 483 B.N.S.S. were rejected. The accused-applicants are behind the bars, pursuant to the F.I.R. No.325/2024 registered at Police Station Bhadra, District Hanumangarh against the accused-applicants for offences punishable under Sections 307, 323, 341 and 143 of IPC.

2. Heard learned counsel for the applicants as well as learned Public Prosecutor and perused the material available on record.

3. Learned counsel for the applicants submit that allegations have been levelled against various persons of causing multiple injuries on the body of injured Vinod Kumar, however, there were only 6 injuries found on the body of Vinod Kumar, out of which, 4 have been shown to be grievous. He further submits that the same allegations have been levelled against similarly situated co- accused Govind Kaushik and the same role has been assigned to him and he was already been enlarged on bail by this Court by way of order dated 19.09.2025 passed in S.B. Criminal Misc. Bail Application No.10919/2025 “Govind Kaushik v. State of Rajasthan”. They submit that identical allegations have been levelled against the present applicants Mukesh Kumar and Anil Kumar. They further assert that recovery was made from Govind Kaushik also and identical recovery has been made from Anil Kumar, however, no recovery has been made from Mukesh Kumar. They further submit that the applicants are behind the bars for almost 1 year and 3 months. They, therefore, implore this Court to allow the present Criminal Miscellaneous Bail Applications.

4. Per contra, the learned Public Prosecutor as well as the learned counsel for the complainant oppose the applications and submit that considering the manner in which the incident has happened and that large number of persons assaulted the injured Vinod Kumar, therefore, the accused-applicants do not deserve to be enlarged on bail. They, however, are not in a position to dispute the fact that similarly situated Govind Kaushik has already been enlarged on bail.

5. Having considered the arguments advanced by both the sides and having regard to the facts and circumstances of the case, including the facts that similarly situated co-accused Govind Kaushik has already been enlarged on bail by this Court on 19.09.2025 as also considering the fact that the accused- applicants are behind the bars for almost 1 year and 3 months and, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the applicant on bail.

6. Consequently, the bail applications under Section 483 B.N.S.S. are allowed. It is ordered that the accused-applicants Mukesh Kumar S/o Kuldeep & Anil Kumar @ Sunil Kumar S/o Sh. Hardat Singh arrested in connection with F.I.R. No.325/2024 registered at P