[2025:RJ-JP:30700] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6113/2025 Rohitash Meena S/o Ramchandra, Aged About 23 Years, R/o Sarund, Police Station Sarund, District Kotputli-Behror. (At Present Accused Petitioner Confined In Sub Jail Kotputli-Behror). ----Petitioner Versus State Of Rajasthan, Through Pp, Bharatpur. ----Respondent For Petitioner(s) : Mr. Rinesh Kumar Gupta For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 07/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Rohitash Meena S/o Ramchandra in FIR No. 304/2024 dated 20.11.2024 registered at P.S. Sarund District -Kotputli-Behror, whereby the applicant-accused has charged under Sections 115(2), 126(2), 352, 351(3), 103(1), 3(5) of BNS and 3(1)(r), 3(1) (s), 3(2)(v), 3(2)(va) of SC/ST (POA) Act. 2. The applicant is arrested on 26.11.2024 and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present [2025:RJ-JP:30700] (2 of 3) [CRLMB-6113/2025] applicant-accused is complete and no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused are required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicant-accused in custody. 4. Learned counsel for petitioner referred the statement of Laxman and submitted that when Khyali Ram was sitting in inebriated condition then petitioner came to take him to home on the ground that why was he sitting there, which clearly indicated that there was no intention to cause deadly assault upon Khyali Ram. He further referred medical record of Apex Hospital(Emergency Assessment) and death summary and submitted that cause of death is Septicemia and not any ante-mortem injury. He further referred opinion sought by Police on 26.11.2024 and submitted that there were no injuries on body of deceased Khyali Ram which is sufficient to show that Khyali Ram was neither assaulted nor beaten by present petitioner. He also submitted that there is no eye witness and report is filed after delay which is sufficient to show that false report is registered against the petitioner. 5. Aforesaid contentions were opposed by Learned Public Prosecutor. 6. Heard learned counsel for petitioners and Learned Public Prosecutor. Perused the record. [2025:RJ-JP:30700] (3 of 3) [CRLMB-6113/2025] 7. On the basis of report registered on 20.11.2024 about assault by petitioner on 17.11.2024 resulted in injury upon body of Khyali Ram FIR was registered and matter was investigated. Khyali Ram was admitted to Apex Hospital on 18.11.2024 wherein history of complaint is mentioned as “Fight with brother yesterday night” around 10 PM. On 19.11.2024 Khyali Ram has expired and Apex Hospital has opined that cause of death is Septicemia(Septic shock and multiple organ failure), which is due to intestinal perforation. The PMR was conducted on 20.11.2024 and as per PMR 10 injuries were seen at time of PMR. The cause is death is reserved by the Medical Board. 8. Having considered the material available on record, I am of considered view that allegation of causing assault upon deceased is only upon Rohitash and there were anti-mortem injuries. The age of deceased is about 30 years, therefore, considering the entirety of material, I am of considered view that this is not a fit case to enlarge petitioner on bail. 9. In view of discussions made hereinabove, bail application preferred by petitioner-Rohitash Meena, is hereby dismissed. (ASHOK KUMAR JAIN),J PREETI VALECHA /84