Rajasthan High Court – Jodhpur
Devilal vs State Of Rajasthan (2026:Rj-Jd:8917) on 18 February, 2026
[2026:RJ-JD:8917]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 15261/2025
Devilal S/o Mangilal, Aged About 40 Years, Motha, P.s. Kotwali
Nimbahera, District Chittorgarh Raj. (At Present Lodged At Sub
Jail Nimbahera)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sikander Khan
For Respondent(s) : Mr. Hanuman Singh Prajapat, PP
HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
18/02/2026
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.478/2025 dated 26.10.2025, Police Station
Nimbahera, District Chittorgarh, for the offences under Sections
109(1), 126(2), 115(2), 189(2), 351(2) and 351(3) of BNS, 2023.
After investigation, offence under Section 118(2)/3(5) of the BNS,
2023 were added.
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. A wooden lathi/stick has been
recovered from the present petitioner. In the alleged incident, two
persons, namely Mukesh and Kishore, sustained injuries. Though
omnibus allegations have been levelled in the FIR as well as in the
statements of the injured witnesses, however, it is contended that
after investigation, the Investigating Officer has concluded that
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the petitioner was carrying a wooden lathi/stick in his hand and is
alleged to have caused injury by the said weapon, whereas other
specific weapons have been attributed to the co-accused persons.
Referring to the injury reports, learned counsel submits that only
Injury No.1 sustained by injured Mukesh has been opined to be
grievous in nature, however, the said injury has been opined to be
caused by sharp-edged weapons. It is contended that the weapon
allegedly recovered from the present petitioner is a blunt weapon
(lathi), and therefore, the aforesaid grievous injury cannot be
attributed to him. So far as the injury sustained by Kishore is
concerned, the same has been opined to be simple in nature. It is
further submitted that the petitioner is in judicial custody since
02.12.2025 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 and submits that the injury caused to the injured
person is grievous in nature and dangerous to life, attracting the
provisions of Section 109 of the BNS and looking to the serious
nature of the allegations, the petitioner may not be enlarged on
bail.
4. Heard learned counsel for the petitioner and learned Public
Prosecutor and perused the material available on record.
5. Having considered the rival submissions, the facts and
circumstances of the case and after perusing the challan papers,
as well as the fact that there are omnibus allegations in the FIR
and in the statements of the injured witnesses, namely Mukesh
and Kishore and also considering that the injuries attributed to the
present petitioner are simple in nature as Lathi has been
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recovered from him, 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 petitioner deserves to be accepted.
6. Accordingly, the bail application filed under Section 483 of
BNSS is allowed. It is ordered that petitioner- Devilal S/o
Mangilal 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.
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.
(SUNIL BENIWAL),J
15-Ashutosh/-
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