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2026 Supreme(Online)(Raj) 11521

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Nupur Bhati, J
Kulvindra Singh Alias Kindra – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 4348/2026 | S.B. Criminal Miscellaneous Bail Application No. 1192/2026



Advocates:
For the Appellants/Petitioners: Jitendra Ojha
For the Respondents: H.S. Jodha

Bail may be granted when the most severe injury is attributed to a co-accused, the petitioners have no criminal history, and the investigation is complete with the charge-sheet filed.

Headnote:(A) Bail - Criminal Law - Attribution of Injury - Where the most serious injury (head injury) is specifically attributed to a co-accused in the victim's statement, and the petitioners have no prior criminal antecedents and the charge-sheet has been filed, the petitioners are entitled to be enlarged on bail. (Para 2, 3, 6)

Issues: Whether the petitioners are entitled to bail considering the nature of injuries and the specific attribution of the head injury to a co-accused.

Order

1. The instant bail applications have been filed by the petitioners under Section 483 BNSS who have been arrested in connection with the FIR No.0177/2025 dated 13.12.2025 registered at the Police Station Matili Rathan, District Ganga Nagar, for the offences under Sections 115(2), 126(2), 109(1), 117(2) and 3(5) of BNS.

2. Learned counsel for the petitioners submits that they have been falsely implicated in the present case while alleging that on the date of the incident, the petitioners along with other co- accused arrived on two motorcycles surrounded the complainant’s son Subhash, and assaulted him with an intent to kill, resulting in serious injuries. While drawing attention of the Court to the injury report appended with the charge-sheet, learned counsel submits that the injured sustained four injuries, out of which Injury Nos.1, 3, and 4 are grievous, while Injury No.2 is simple in nature. It is further submitted that Injury No.1 is on a vital part of the body, i.e., the head, whereas Injury Nos.3 and 4 are on non-vital parts. Counsel emphasizes that the injured, in his statement under Section 180 of BNSS, has specifically attributed the head injury to the co-accused Ravi Tailor, who allegedly struck him with an iron rod, causing him to fall and sustain grievous injury. It is further submitted that the petitioners have no prior criminal antecedents, the charge-sheet has already been filed, and no recovery remains to be effected from them; hence, the petitioners deserve to be enlarged on bail.

3. Per contra, learned Public Prosecutor opposes the bail application; however, he is not in a position to dispute the fact that the injured, in his statement, has specifically attributed the head injury to the co-accused Ravi Tailor, who allegedly struck him with an iron rod, causing him to fall and sustain grievous injury. He is also not in a position to refute that the petitioners have no prior criminal antecedents, the charge-sheet has already been filed, and no recovery is due against them.

6. Having considered the submissions advanced at Bar by learned counsel for the parties and having regard to the entirety of facts and circumstances of the case as available on record; and looking to the fact that trial may take a long time to conclude and, without expressing any opinion on the merits/demerits of the case, this Court deems it fit to enlarge the petitioners on bail.

7. Consequently, the bail applications are allowed. It is ordered that the accused petitioners

(1) Kulvindra Singh Alias Kindra S/o Late Shree Bhura Singh Alias Bharpur Singh and (2) Ravi Kumar S/o Patram,

arrested in connection with FIR No.0177/2025 dated 13.12.2025 registered at the Police Station Matili Rathan, District Ganga Nagar, shall be released on bail; provided that they furnish personal bond in the sum of Rs.50,000/- each and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court, with a stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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