[2026:RJ-JD:6990]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1180/2026 Mukesh Kumar S/o Alkha Ram Kharadi, Aged About 45 Years, R/ o Khandi Obri Nichla Phala Police Station Kherwada District Udaipur..(At Present Lodged In District Jail Dungarpur)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Jitendra Ojha For Respondent(s) : Mr. Hanuman Singh, PP Ms. Mitali Vaishnav (for complainant)

HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

09/02/2026

1. This application for bail has been filed by the petitioner under Section 483 of BNSS (old Section 439 of Cr.P.C.) in connection with FIR No. 330/2025 dated 11.12.2025, Police Station Kherwara, District Udaipur, for the offences under Sections

115(2), 333, 109(1) and 3(5) of BNS.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case and false allegations have been levelled against him. The offence alleged against the present petitioner is under Section 109 of BNS, however, on the final opinion of the medical expert, the injury No.1 has been observed to be grievous in nature. No other injury is reported to be grievous or dangerous to life. He submits that on account of sudden quarrel between the family members were involved in the incident however, the same was subsequently compromised. The petitioner is in judicial custody since 19.12.2025 and the trial will take sufficiently long time, therefore, he deserves to be enlarged on bail.

3. Learned Public Prosecutor vehemently opposes this bail application.

4. Learned counsel appearing on behalf of complainant submits that the dispute which led to sudden quarrel and on account of sudden fight the complainant sustained injury however subsequent thereto looking to the dispute between the family members and the complainant, the same has been compromised. Photo copy of the affidavit has also been placed on record. Based on the above submission, learned counsel appearing on behalf of complainant submits that complainant has no objection if the petitioner may be enlarged on bail.

5. Heard learned counsel for the petitioner and learned Public Prosecutor and learned counsel for the complainant and perused the material available on record.

6. Having considered the rival submissions, facts and circumstances of this case and after perusing the challan papers so also the fact that injury sustained by the injured is not reported to be dangerous to life so also the fact that the parties have entered into compromise, in the considered opinion of this Court, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period as the trial will take sufficiently long time. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the applicant deserves to be accepted.

7. Accordingly, the bail application filed under Section 483 of BNSS is allowed. It is ordered that petitioner- Mukesh Kumar S/o Alkha Ram Kharadi, shall be released on bail in connection with the aforesaid FIR; provided he executes personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial Court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

8. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.

(SUNIL BENIWAL),J

17-AbhishekK/-