[2025:RJ-JP:5378] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5981/2024 Ramdayal @ Ramlal S/o Bishanlal, R/o Nimola, P.s. Khatoli, District Kota (Raj.) (Petitioner Is In Judicial Custody In Central Jail, Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Pradeep Mathur For Respondent(s) : Mr. S.R. Dhakar, PP, Mr. Yenu Satyan for Mr. Jain Kishan Yogi for complainant HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 06/02/2025 1. The instant bail application has been filed under Section 439 CRPC on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.319/2023 registered at Police Station Khatoli, District Kota Rural for the offence(s) under Section 302 of IPC. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the case under Section 302 of IPC is not made out, the deceased himself is the aggressor. The deceased sustained only two injuries and out of which one injury was found to be fatal. There was no murderous intention of the accused- petitioner to cause death of the deceased. The recovery of the axe at the instance of the accused-petitioner is also doubtful. The [2025:RJ-JP:5378] (2 of 2) [CRLMB-5981/2024] accused-petitioner is in custody since long and out of 19 prosecution witnesses, only 14 witnesses have been examined till now, the trial of the case may take considerable time, therefore, considering the nature of the offence and long incarceration of the accused-petitioner, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor as well as learned counsel for the complainant vehemently oppose the bail application. 4. Heard and perused the material available on record. 5. Considering the fact that as per the FIR and charge-sheet, it is alleged against the accused-petitioner that he caused injury at the head of the deceased resulting into his death. At this juncture, it is not desirable for the Court to express any view, whether, the injury was caused with a murderous intention or not. Suffice to say that as the result of injury caused by the accused-petitioner, deceased died and out of 19 witnesses, 14 witnesses have already been examined, only few witnesses are left to be examined, therefore, considering the gravity of the offence, this Court is not inclined to enlarge the accused-petitioner on bail. 6. Hence, the instant criminal misc. bail application of the accused-petitioner is hereby, dismissed. (PRAVEER BHATNAGAR),J Keshav/20-S