KISHAN R/O SHRI NANAGRAM @ NAGYARAM v. STATE OF RAJASTHAN
CRLMB/6886/2025 · 2025-08-19
Praveer Bhatnagar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 20010 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20010 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:32335] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6886/2025 Kishan S/o Shri Nanagram @ Nagyaram, Aged About 55 Years, R/o Village Saloli, Police Station Raini, District Alwar (Rajasthan) (At Present In Central Jail, Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Surendra Singh Sunda For Respondent(s) : Mr. Manvendra Singh, PP Mr. Girish Khandelwal HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 19/08/2025
1. The instant bail application has been filed under Section 483 of BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 155/2024 registered at Police Station Raini, District Alwar for the offences under Section 302, 143, 323 and 341 of IPC.
2.
Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is argued that eye witnesses of the occurrence PW-4 Kamlesh and PW-5 Komal Saini, in their examination in chief have attributed the injuries caused to deceased Dharmendra and other injured to co-accused Khemraj and the present petitioner, however, the prosecution story states that the injuries caused to deceased Dharmendra and injured Kishanlal Saini were caused by Kishan. The version of PW-4 Kamlesh and PW-5 Komal is improvised and
[2025:RJ-JP:32335] (2 of 3) [CRLMB-6886/2025] their depositions are not believable. It is further contended that deceased Dharmendra sustained one head injury and the cause of his death is also head injury, there are no other injuries found on the body of the deceased. It is also contended that bail application of the other co-accused Khemraj was allowed by this court vide
order dated 09.01.2025, passed in SB Criminal Misc. Bail Application No. 15774/2024. The accused-petitioner is in custody since 03.06.2024 and the trial of the case may take considerable time, therefore the bail application of the accused-petitioner may be allowed.
3. Learned Public Prosecutor and learned counsel for the complainant have vehementally opposed the bail application. It is contended that eye-witnesses in their examination in chief, before the trial court have deposed against the petitioner and specifically stated that petitioner caused injuries to the deceased and the injured Kishanlal. In the bail order of co-accused Khemraj dated 09.01.2025 this court also observed that injuries caused to deceased Dharmendra and injured Kishan Lal were specifically attributed to the present petitioner. It is also contended that the eye-witnesses have corroborated the prosecution version and the injured Kishan Lal has yet to be examined, at this stage the court cannot scrutinized the evidence of the witnesses minutely regarding their probative value, therefore considering the above
facts the instant bail application deserves to be dismissed.
4. Heard and perused the material available on the record.
5. The prosecution story states that the petitioner alongwith the other co-accused caused injuries to deceased Dharmendra and injured Kishan Lal. The injured specifically attributed the injuries
[2025:RJ-JP:32335] (3 of 3) [CRLMB-6886/2025] caused to himself and the deceased in his parchabayan to the present petitioner. The eye-witnesses examined before the trial court have also stated that the petitioner caused injuries to the deceased at his head and to the injured Kishan Lal. It is not desirable to express anything on the probative value of the witnesses, at this moment.
6. Considering the statement of PW-3, 4 and 5, this court is not inclined to enlarged the accused-petitioner on bail.
7. Accordingly, the present criminal misc. bail application is hererby dismissed.
(PRAVEER BHATNAGAR),J ashu /2