HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
GANESH RAM MEENA
SATISH KUSHWAHA S/O SHRI RAMSWAROOP KUSHWAHA – Appellant
Versus
THE STATE OF RAJASTHAN – Respondent
CRLMB / 600 / 2026
[2026:RJ-JP:1543]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 600/2026 Satish Kushwaha S/o Shri Ramswaroop Kushwaha, Aged About 26 Years, R/o Village Angora, Police Station Tetra, District Morena, Madhya Pradesh, Currently R/o Babulal Meenas House, In Front Of Pushp Garden, Anand Cololny, Bans Badanpura, Police Station Galtagate Jaipur (At Present Central Jail Jaipur)
(Raj.)
----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anshuman Saxena For Respondent(s) : Ms. Aarti Sharma, P.P. HON'BLE MR. JUSTICE GANESH RAM MEENA
Order
15/01/2026
1. The accused-petitioner has filed this bail application under Section 483 B.N.S.S., arising out of F.I.R. No.323/2025 registered with the Police Station Jaisinghpura Khor, District Jaipur City (North) for offence under Sections 115(2), 126(2), 109(1), 324(6), 191(2), 191(3) & 190 of B.N.S., 2023.
2. Learned counsel for the petitioner submits that as per the contents of the First Information Report, no specific overt act has been assigned to the present petitioner for causing any particular injury to any of the injured persons. He further submits that no recovery of any weapon has been made at the instance of the accused-petitioner. He also submits that that the Police after completion of investigation has submitted charge-sheet in the matter and trial of the case may take long time. He also submits that there are no criminal antecedents to discredit of the accused- petitioner. Therefore, the accused-petitioner may be enlarged on bail.
3. Learned Public Prosecutor has vehemently opposed the bail application and submits that the manner in which the offence has been committed, is very serious. He further submits that as many as five persons sustained injuries by act of the accused- petitioner and co-accused. He also submits that the injured persons sustained so many injuries and many have been found to the grievous in nature. He also submits that one of the injured person namely; Shubham has sustained fracture in his both legs and has undergone serious surgery and a steel rod has been implanted in his leg.
4. Considered the submissions made by counsel for the accused-petitioner as well as learned Public Prosecutor and so also perused the challan papers.
5. As per the contents of the F.I.R., the present petitioner along with other co-accused in the midnight made attack on the injured persons while they were moving in a vehicle and then inflicted several injuries. In the alleged incident, the injured Shivam @ Fateh has sustained as many as ten injuries, though all of them are simple in nature, but four of the injuries are on scalp region. Injured Kuldeep Soni sustained ten injuries and some of them were on the vital part of the body. Another injured Vishnu Mahawar has sustained as many as eleven injuries, injured Devendra Singh @ Yash Tanwar has sustained ten injuries and injured Shubham has sustained as many as four injuries. One of the injured person namely; Shubham, because of fracture in his both legs, has to undergo serious surgery.
6. It is submitted by learned counsel for the accused- petitioner that no specific overt act has been assigned to the accused-petitioner.
7. The statement of the injured witnesses, Shubham, Shivam @ Fateh, Kuldeep Soni, Devendra Singh @ Yash Tanwar and Vishnu Mahawar, recorded under Section 180 B.N.S.S., speak of the seriousness of the allegations as the manner in which the offence has been committed, is not ordinary. The statements of the witnesses also speak of the involvement of the accused- petitioner. When the accused in such like matters make attack in the midnight causing large number of injuries to the complainant party, may be one cannot specify a particular act of any accused. In that situation, the cumulative acts of the accused has to be taken into consideration and not individual and in the present case, the allegation against the accused-petitioner and co-a
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