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2025 DAILYLAW 20615 (RAJ)

DHARA SINGH S/O RAMESHWAR v. STATE OF RAJASTHAN

CRLMB/7073/2025 · 2025-07-22

Vinod Kumar Bharwani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:27225] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 7073/2025 Dhara Singh S/o Rameshwar, Aged About 27 Years, R/o Gendupura, Police Station Sadar Hindauncity, District Karauli (Rajasthan) (At Present Confined In District Jail, Karauli). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Shri Ram Dhakar, P.P. Mr. Vikram Singh Chauhan HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 22/ 07/2025 1. The present bail application has been filed under Section 483 B.N.S.S. on behalf of the petitioner- Dhara Singh S/o Rameshwar, in connection with F.I.R. No.373/2021 registered at Police Station Sadar Hindaun, District Karauli for the offence(s) under Section(s) 147, 148, 149, 323, 341, 307 & 302 I.P.C. 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case, he has nothing to do with the alleged offences and he has been in judicial custody since 27.06.2021. It is further submitted by learned counsel that the trial is likely to take considerable time to conclude, as the prosecution has cited 22 witnesses in the matter. Learned counsel also submits that the petitioner undertakes not to misuse the liberty, to remain present on all dates fixed by the learned Trial Court, and not to tamper with the evidence or influence any prosecution witness. The petitioner is a permanent resident and is [2025:RJ-JP:27225] (2 of 3) [CRLMB-7073/2025] not a flight risk. Thus, looking to the overall facts & circumstances of the case, the petitioner is entitled for regular bail in this matter. 3. Learned Public Prosecutor, assisted by learned counsel for the complainant, opposes the bail application and submits that serious allegations have been levelled against the present petitioner. It is contended that the petitioner is accused of causing injury to the deceased by firearm, and the death of the victim, namely Dulli, caused as a result of such gunshot. It is further submitted that the weapon used in the alleged offence was recovered at the instance of the petitioner, Dhara Singh, thereby establishing a direct nexus between the petitioner and the crime. It is also pointed out that out of 32 witnesses cited by the prosecution, the statements of 22 witnesses have already been recorded before the learned Trial Court. The last & final witness, i.e., Witness No. 32, has been summoned by the Trial Court for recording of evidence on 20.08.2025. In view of the gravity of the offence, the seriousness of the allegations, the recovery of the weapon at the instance of the petitioner, and the advanced stage of trial, there is no ground for grant of bail is made out, and the bail application deserves to be rejected in the interest of justice. 4. Heard learned counsel for the parties and perused the entire material available on record. 5. This Court has carefully examined the statements of the eyewitness(es) and the medical expert recorded during the course of trial. Attention has also been drawn to the order-sheet(s) of the learned Trial Court, submitted by the learned counsel for the complainant, which reflect that the last and final witness is [2025:RJ-JP:27225] (3 of 3) [CRLMB-7073/2025] scheduled to be examined on 20.08.2025, and that the Trial Court has already fixed the said date for recording his testimony. Copy of the aforesaid order-sheet(s) is taken on record. 6. Having regard to the gravity of the offence, the nature of the allegations involving use of a firearm, the recovery made from the petitioner, and the evidence that has come on record during the trial, this Court is of the considered opinion that no case for grant of bail is made out at this stage. 7. Accordingly, the 3rd bail application filed under Section 483 B.N.S.S., is dismissed. (VINOD KUMAR BHARWANI),J SAHIL SONI /11