[2025:RJ-JP:44961]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No.14475/2025 Mukesh Sain @ Banti Son Of Mahaveer, Aged About 43 Years, R/o Power House Colony, Dei, P.s. Thana Dei, District Bundi (Raj.) (Accused In Present Confined In Sub Jail Nainwa District Bundi)

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor.

----Respondent For Petitioner(s) : Mr. Rajesh Kumar Sain For Respondent(s) : Mr. Amit Punia, PP Mr. Lakhan Singh Meena JUSTICE ANOOP KUMAR DHAND

Order

10/11/2025

1. This second bail application under Section 483 BNSS, 2023 has been filed by the petitioner in connection with FIR No.148/2025, registered at Police Station Dei, District Bundi, wherein he has been charged for offences punishable under Sections 115(2), 126(2) & 3(5) of BNS, 2023.

2. The first bail application of the petitioner was decided by this Court vide order dated 17.10.2025 granting liberty to the petitioner to renew his prayer for bail after completion of the investigation.

3. Learned counsel for the petitioner submits that after completion of investigation, now the charge-sheeet has been filed. Learned counsel submits that as per the case of the prosecution, the petitioner has inflicted injury on the abdomen of the injured- Shiva Sain, marked as injury No.1, and the same was found to be grievous in nature as per the injury report dated 14.09.2025 issued by the Medical Officer. Learned counsel submits that on the same day, the aforesaid Medical Officer has changed his opinion and given fresh opinion by saying that the injury No.1 was dangerous to life. Learned counsel submits that no additional material was available with the Medical Officer to arrive at two conflicting and contradictory opinions. Learned counsel submits that after completion of the investigation, charge-sheet has been filed and the petitioner does not have any criminal antecedents. Learned counsel submits that the petitioner has been in custody since the date of his arrest and trial will take its own time to conclude, therefore, indulgence of bail be granted to the petitioner.

4. Per contra, learned Public Prosecutor as well as counsel for the complainant oppose the bail application and submit that the fatal injury has been caused to the injured-Shiva Sain and for the aforesaid injury, twice treatment was provided to the injured-Shiva Sain, hence, looking to the gravity of the matter, indulgence of bail be not granted to the petitioner.

5. Heard and considered the submissions made at the Bar and perused the material available on the record.

6. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that two opinions have been given by the Medical Officer on the same day and also looking to the fact that the charge-sheet has been filed after completion of investigation and the petitioner does not have any criminal antecedents, and trial will take its own time to conclude and without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioner under Section 483 BNSS.

7. Accordingly, this second bail application under Section 483 BNSS is allowed and it is ordered that accused-petitioner-Mukesh Sain @ Banti Son Of Mahaveer arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

(ANOOP KUMAR DHAND),J Karan/2 Powerd by TCPDF (w.tcpdf.org)