DEVENDRA KACAHAWA S/O MOHANLAL v. STATE OF RAJASTHAN
CRLMB/5767/2025 · 2025-07-18
Pramil Kumar Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17311 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17311 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:26935] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5767/2025 Devendra Kacahawa S/o Mohanlal, Aged About 45 Years, R/o Near Shiv Mandir, Palbichla, Ajmer. (At Present Confined In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Gurpreet Sodhi For Respondent(s) For Complainant(s) : : Mr. Jaiprakash Tiwari, PP Mr. Gajendra Vyas HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 18/07/2025
1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.0072/2025 registered at Police Station-Alwar Gate, District-Ajmer for offences under Sections 115(2), 126(2), 109(1) of BNS.
2. Heard learned counsel for the petitioner, learned Public Prosecutor as well as counsel for the complainant and perused the material available on record.
3.
Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that there is no mentioning in the FIR that the petitioner has attacked on the deceased-Surendra. The bare perusal of the FIR reveals that there is allegation against the petitioner to attack on the deceased's son with Dantli. He further argued that deceased died due to natural causes. No specific act is attributed in the FIR as
[2025:RJ-JP:26935] (2 of 2) [CRLMB-5767/2025] well as in the statement recorded during investigation. He further argued that the charge-sheet has been filed and the petitioner is behind the Bars since 28.02.2025. The trial of the case may take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, hence the bail application of the petitioner may be allowed.
4. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail application and submit that in the statements recorded during investigation, it is evident that prior to the attack on the complainant/injured. Saurabh, the petitioner has given blows to the deceased-Surendra, which results death of deceased-Surendra. They further submitted that even in the post mortem report, it is mentioned that cause of death is shock as a result of antemortem injury involving lungs.
5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, especially the arguments advanced by learned Public Prosecutor as well as counsel for the complainant and in backdrop of gravity of the offence, I am not inclined to grant benefit of bail to the petitioner.
6. Accordingly, the bail application under Section 483 B.N.S.S. is dismissed.
(PRAMIL KUMAR MATHUR),J sunita/102