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2025 DAILYLAW 12337 (RAJ)

RINKU PRAJAPAT S/O KAILASH CHANDRA PRAJAPAT v. STATE OF RAJASTHAN

CRLMB/4212/2025 · 2025-04-21

Vinod Kumar Bharwani

body2025

Judgment text

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[2025:RJ-JP:16738] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 4212/2025 Rinku Prajapat S/o Kailash Chandra Prajapat, R/o Village Bapi, Police Station Santhal, District Dausa, (Rajasthan) (Currently Confined In District Jail, Dausa) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Harendra Singh For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. Mr. Krishan Chander Sharma HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 21/04/2025 1. The 2nd bail application has been filed under Section 483 of B.N.S.S. on behalf of the accused-petitioner- Rinku Prajapat S/o Kailash Chandra Prajapat, in connection with FIR No.30/2023 registered at Police Station Saithal, District Dausa for the offence(s) under Section(s) 143, 341, 323, 364 & 302 of IPC. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case, he has nothing to do with the alleged offences & the petitioner is behind the bars since 04.04.2023. Counsel further submits that twenty five witnesses have been examined out of forty nine witnesses and the co-accused persons, namely Samundra Prasad & Vinod Kumar have already been granted bail. Counsel further submits that there are contradictions in the statements of the witnesses and they [2025:RJ-JP:16738] (2 of 3) [CRLMB-4212/2025] made improvements in their statements. Looking to the overall facts and circumstances of the case, the petitioner may be entitled for regular bail in this matter. 3. Learned Public Prosecutor and learned counsel for the complainant-respondent have vehemently opposed the 2nd bail application. It is submitted that the eye-witnesses/injured, namely Moti Singh, Virendra Singh, Nahar Singh & Hari Singh have levelled the allegation against the petitioner that the petitioner has beaten the deceased, namely Kishan Singh, with the pipe and the recovery of pipe has also been made from the petitioner, and the other witnesses were also injured. It is further submits that the bail to the co-accused person, namely Vinod was granted on the basis that Vinod has beaten the deceased with a lathi but no recovery has been made from the Vinod. Thus, the 2nd bail application filed under Section 483 of B.N.S.S. deserves to be dismissed. 4. Heard learned counsel for the parties and perused the material made available on record. 5. It is emanating from the record that the during trial, statements of the witnesses recorded under Section 161 Cr.P.C. & during trial and the recovery of pipe made from the petitioner. At this stage, scrutiny and analysis of the evidence(s) does not appear to be justified. 6. Thus, without commenting upon the merits/demerits of the case and looking to the overall facts and circumstances of the case, this Court does not deem it appropriate to grant the benefit of regular bail to the accused-petitioner. [2025:RJ-JP:16738] (3 of 3) [CRLMB-4212/2025] 7. Accordingly, the 2nd bail application filed under Section 483 of B.N.S.S. is dismissed. 8. Pending application(s), if any, also stands disposed of. (VINOD KUMAR BHARWANI),J SAURABH /05