PREM SINGH S/O AMAR SINGH @ AMARLAL v. STATE OF RAJASTHAN
CRLMB/6253/2025 · 2025-08-28
Ashok Kumar Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18633 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18633 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:35788] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6253/2025 Prem Singh S/o Amar Singh @ Amarlal, Aged About 44 Years, R/o Village Haripura, Police Station Ghatoli, District Jhalawar (Rajasthan) (At Present Confined In District Jail Bundi, District Bundi). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Majhar Hussain For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 28/08/2025
1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Prem Singh S/o Amar Singh @ Amarlal seeking bail in respect of a criminal case registered as FIR No.190/2024 dated 03.05.2024 registered at P.S. Kotwali Bundi District - Bundi, for the offence under Section 302, 380 and 34 IPC.
2.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the
[2025:RJ-JP:35788] (2 of 4) [CRLMB-6253/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.
3.
Learned counsel for petitioner submits that for incident of 01.05.2024 report is registered on 03.05.2024 and present petitioner accused is not named in FIR. He further submitted that as per police, sole eyewitness is child witness Shivani and she is examined as PW7, who turned hostile. He further submitted that as per investigation, Dhapubhai was having illicit relation with Mohanlal and after hatching conspiracy, with present petitioner allegedly killed deceased Mohanlal. He further submitted that there is no evidence to the fact that anyone has seen either the incident or deceased soon before the incident with the present petitioner. He also referred the statement of PW1 to PW4 and submitted that all of them have not supported the case of prosecution and none of them have raised any doubt on anyone. He also submitted that present petitioner accused has no connection with deceased Mohanlal and he is in custody since
04.07.2024. He also submitted that prosecution has listed 36 witnesses and trial will take time. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He also submitted that there is mobile recording and also call details collected by police along with other material to show involvement of present petitioner with his wife Dhapu Bai. [2025:RJ-JP:35788] (3 of 4) [CRLMB-6253/2025]
5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of information of death of Mohan Lal received on 03.05.2024 his nephew Bhagwan Singh has registered a report in police station on 03.05.2024. The incident is 2-3 days old and on information, he reached crime scene. During investigation, police has found that Dhapu Bai, who is wife of present petitioner was having illicit relation with Mohal Lal and present petitioner is annoyed with the relation between deceased Mohan Lal and Dhapu Bai. After investigation, police has filed charge-sheet against Dhapu Bai and present petitioner Prem Singh for murder of Mohan Lal in furtherance of common intention. The case of prosecution revolved around testimony of daughter of present petitioner and to fortify and to secure the case, her statement under Section 164 Cr.P.C. was recorded on 08.05.2024 and same is part of police charge-sheet. The daughter of present petitioner Shivani was examined before the trial court on 11.06.2025 as PW-7 and she has turned hostile.
Learned Public Prosecutor has referred electronic evidence. The list of evidence is too long but still the petitioner is in custody since 04.07.2024 and period of custody is only one year one month. 7. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence
[2025:RJ-JP:35788] (4 of 4) [CRLMB-6253/2025] collected so far, this is not a fit case to enlarge the applicant accused on bail. 8. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 9. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Prem Singh S/o Amar Singh @ Amarlal is hereby dismissed. The Trial Court is directed to expedite the trial. (ASHOK KUMAR JAIN),J PREETI VALECHA /46