Abhimanyu Kandra Alias Dhabiya vs State Of Rajasthan (2025:Rj-Jd:26790) on 4 June, 2025

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Rajasthan High Court – Jodhpur

Abhimanyu Kandra Alias Dhabiya vs State Of Rajasthan (2025:Rj-Jd:26790) on 4 June, 2025

[2025:RJ-JD:26790]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
    S.B. Criminal Miscellaneous Bail Application No. 6429/2025

Rohit Sharma S/o Late Kailash Swaroop Sharma, Aged About 30
Years, R/o House No 50 Gali No 03 Subhash Conlony Police
Station Bhagat Ki Kothi Jodhpur Rajasthan(At Present Lodged In
Central Jail Jodhpur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent
                              Connected With
    S.B. Criminal Miscellaneous Bail Application No. 4654/2025
Vikram Pandit Alis Bheem S/o Shri Kanahaiya Lal, Aged About 35
Years, Resident Of Harijan Basti, Sansi Colony Bhadwasiya,
Police Station Mahamandir,jodhpur Rajasthan (At Present Lodged
In Central Jail Jodhpur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through The Public Prosecutor
                                                                 ----Respondent
    S.B. Criminal Miscellaneous Bail Application No. 4865/2025
1    Sudhir Prakash Barasa Alis Bittu S/o Vedprakash Barasa,
.    Aged About 28 Years, Resident Of Harijan Basti, Sansi
     Colony,    Bhadwasiya,       Police     Station       Mahamandir,jodhpur,
     Rajasthan (At Present Lodged In Central Jail, Jodhpur)
2    Ashraf Alis Bhatija S/o Jakir, Aged About 25 Years, Resident
.    Of    Jagdamba       Colony,         Pratap        Nagar,police     Station
     Pratapnagar,sadar, Jodhpur At Present Rajiv Gandhi Colony,
     Gali No 07, Police Station Dev Nagar, Jodhpur (Lodged In
     Central Jail, Jodhpur)
                                                                  ----Petitioners
                                    Versus
State Of Rajasthan, Through The Public Prosecutor
                                                                 ----Respondent
    S.B. Criminal Miscellaneous Bail Application No. 6430/2025
1    Abhimanyu Kandara Alias Dhabiya S/o Chandra Shekhar


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.    Khandara, Aged About 35 Years, R/o Tilak Nagar Harijan
     Basti Udaimandir Ps Nagori Gate Jodhpur At Present Kings
     Wali Gali Raika Bag Harijan Basti Ps Udaimandir Jodhpur ( At
     Lodged In Central Jail Jodhpur)
2    Sourabh @ Rahul Barasa S/o Suresh Kumar, Aged About 24
.    Years, R/o Maderna Colony New Jatawas Ps Mata Ka Than
     Jodhpur ( At Present Lodged In Central Jail Jodhpur)
                                                                       ----Petitioners
                                         Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent


For Petitioner(s)              :     Mr. Rajiv Bishnoi
For Respondent(s)              :     Mr. Hanuman Prajapati, P.P.



HON'BLE MR. JUSTICE SANDEEP SHAH (VACATION JUDGE)

Order

04/06/2025

1. This application for bail under Section 439 Cr.P.C. has been

filed by the petitioners who have been arrested in connection with

F.I.R. No.140/2025 registered at Police Station Mahamandir,

Jodhpur for offences punishable under Sections 115(2), 126(2),

191(2), 191(3), 190, 109(1), 324(4) of BNS.

2. Heard learned counsel for the petitioners and learned Public

Prosecutor and perused the material available on record.

3 Learned counsel for the petitioners submits that the

petitioners have wrongly been implicated in this case. It is

submitted that injury report will reveal that there is no grievous

injury on the vital part of the body of the injured-Pankaj and even

as per the opinion of the doctor only injury Nos.2, 3 and 4 have

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been found to be grievous and there is no assertions that these

injuries were dangerous to life. It is further submitted that there is

no recovery of sharp edged weapon from the petitioners. The

petitioners are in judicial custody since 22.03.2025 and the trial of

the case will take sufficiently long time, therefore, the benefit of

bail should be granted to the accused-petitioners.

3 Per contra, learned Public Prosecutor has opposed the bail

applications and has submitted that the manner in which the

incident had occurred and looking to the grievous nature of injury,

the petitioners are not entitled for grant of bail.

4. Having considered the rival submissions, and after perusal of

the record of the case and considering the fact that the injury on

the head was not to be found grievous in nature and qua other

three injuries, the medical Jurist has not given any opinion of the

same being dangerous to life, without expressing any opinion on

merits/demerits of the case, this Court is of the prima facie

opinion that the bail application filed by the petitioners deserves to

be accepted.

5. Consequently, the bail application under Section 439 Cr.P.C.

is allowed. It is ordered that the accused-petitioners Rohit Sharma

S/o Late Kailash Swaroop Sharma, Vikram Pandit Alis Bheem S/o

Shri Kanahaiya Lal, Sudhir Prakash Barasa Alis Bittu S/o

Vedprakash Barasa, Ashraf Alis Bhatija S/o Jakir, Abhimanyu

Kandara Alias Dhabiya S/o Chandra Shekhar Khandara and

Sourabh @ Rahul Barasa S/o Suresh Kumar arrested in connection

with F.I.R. No.140/2025 registered at Police Station Mahamandir,

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Jodhpur shall be released on bail, if not wanted in any other case,

provided each of them furnishes a personal bond of Rs.50,000/-

and two sureties of Rs.25,000/- each, to the satisfaction of

learned trial court, for their appearance before that court on each

& every date of hearing and whenever called upon to do so till

completion of the trial.

7. 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.

(SANDEEP SHAH (VACATION JUDGE)),J
33-Taruna/-

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