Rajveer Singh S/O Shri Shaitan Singh Rawat Vs State of Rajasthan

The present bail application has been filed under Section 483 BNSS, 2023 against the order dated 18.05.2026 passed by learned Sessions Judge, Ajmer, in Criminal Misc. Case No. 524/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.188/2025, Police StationAdarsh Nagar, Ajmer, for the offences under Sections 109(1), 115(2) BNS of 2023.

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Learned counsel for the petitioner submits that, initially, no injury was reported to be dangerous to life. He has drawn the attention of this Court to the medical report dated 13.07.2025 as well as the X-ray report dated 13.07.2025, wherein it has been recorded that the injured sustained three injuries, all of which were opined to be simple in nature on the basis of the X-ray examination and the opinion of the Radiologist.

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[2026:RJ-JP:26318]

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[CRLMB-9120/2026]

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(2 of 4)

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Learned counsel for the petitioner further submits that, thereafter, merely on the basis of a communication dated 19.08.2025 sent by the concerned Investigating Officer, the Doctor subsequently opined that, on the basis of the Bed Head Ticket (BHT), Injury Nos. 1 and 2 were suggestive of being dangerous to life. It is contended that the subsequent opinion has been obtained without any fresh medical examination and is contrary to the earlier medical opinion.

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Learned counsel for the petitioner further submits that the challan has already been filed. Learned counsel also submits that the conclusion of the trial is likely to take considerable time and that the offences except Section 109 are triable by the Court of a Magistrate. The petitioner has remained in judicial custody since 14.07.2025, i.e., for almost one year. Accordingly, it is prayed that the petitioner may be enlarged on bail.

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Learned counsel for the petitioner further submits that the contemporaneous medical record, supported by the opinion of the Radiologist, clearly indicates that all the injuries were simple in nature. It is contended that the subsequent opinion declaring Injury Nos. 1 and 2 to be dangerous to life was procured after more than one month and is not supported by the original medical evidence. Therefore, it is submitted that no offence under Section 109 of the BNS is made out against the petitioner. Hence, the petitioner deserves to be enlarged on bail.

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Learned Public Prosecutor vehemently opposes the present bail application.

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

[2026:RJ-JP:26318]

[CRLMB-9120/2026]

(3 of 4)

Without expressing any opinion on the merits of the case and upon consideration of the submissions advanced by learned counsel for the parties, this Court finds that, initially, no offence under Section 109 of the BNS, 2023 was made out in view of the opinion of the Radiologist, who had opined that all the injuries were simple in nature. It is only subsequently that the offence under Section 109 of the BNS, 2023 came to be invoked on the basis of a subsequent medical opinion.

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Considering the fact that the challan has already been filed, the trial is likely to take considerable time to conclude, there are no criminal antecedents of the petitioner, either of a similar nature or otherwise, and the petitioner has remained in judicial custody for about one year, this Court is of the opinion that, having regard to the prolonged period of incarceration, the present bail application filed by the petitioner deserves to be accepted. 10. Consequently, the bail application is allowed . It is ordered that the accused-petitioner - Rajveer Singh S/o Shri Shaitan Singh Rawat arrested in connection with F.I.R. No.188/2025, Police Station-Adarsh Nagar, Ajmer, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so till the completion of the trial and with additional following conditions:

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(i) The petitioner shall not leave country without the permission of the Court;

(4 of 4)

[2026:RJ-JP:26318]

[CRLMB-9120/2026]

(ii) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; and

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(iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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(BIPIN GUPTA),J

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56/JUBIN

Rajveer Singh S/O Shri Shaitan Singh Rawat v. State of Rajasthan

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Rajveer Singh S/O Shri Shaitan Singh Rawat v. State of Rajasthan

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