[2025:RJ-JP:30317] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 7088/2025 1. Hansraj S/o Kalu Lal, Aged About 46 Years, R/o Suwaliya, Police Station Panwad, District Jhalawar (Rajasthan) (At Present Confined In District Jail Jhalawar). 2. Ajay Kumar S/o Kalu Lal, Aged About 25 Years, R/o Suwaliya, Police Station Panwad, District Jhalawar (Ra- jasthan) (At Present Confined In District Jail Jhalawar). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous 3rd Bail Application No. 7089/2025 Purushottam S/o Kalu Lal, Aged About 35 Years, R/o Suwaliya, Police Station Panwaad, District Jhalawar (Rajasthan) (At Present Confined In District Jail Jhalawar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Javed Choudhary Mr. Shafiq Ur Rahman For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Vidit Rai Kumawat HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 06/08/2025 1. These instant bail applications have been filed under Section 483 of BNSS, on behalf of the petitioners, who have been arrested in connection with FIR No.189/2023 registered at Police Station Panwad, District Jhalawar (Raj.) for the offences punishable under Sections 302, 341, 323, 147, 148 & 149 of IPC. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 302, 341, 323, 325 and 34 of IPC. 2. The first & second bail applications preferred on behalf of the petitioners were dismissed as withdraw by this court vide order [2025:RJ-JP:30317] (2 of 3) [CRLMB-7088/2025] dated 23.01.2025 while giving liberty to renew the prayer for bail after recording testimony of the Investigating Officer and the doctor who conducted the post-mortem of the deceased. Now, the aforementioned witnesses have been examined during the course of trial thus, these bail applications have been preferred. 3. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submit that there is no specific allegation against the petitioners of causing injury on the person of the deceased. According to the medical report, Injury No.1 which is on the head of the deceased has been opined as fatal injury and same is the cause of death. It is contended that trial will take considerable time in its conclusion. Counsel submit that petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 4. Learned Public Prosecutor assisted by learned counsel for complainant vehemently oppose the submissions made by learned counsel for the petitioners. Learned counsel for the complainant submits that according to eye-witness namely- Modhwaj, head injury was caused by petitioner- Ajay Kumar and same has been opined as the cause of death. 5. I have considered the contentions. 6. Considering the nature of injuries, as also the fact that fatal injury on the head of the deceased has been attributed to petitioner- Ajay Kumar and same has been opined as cause of death thus, looking to the nature and gravity of offence, this court is not inclined to enlarge petitioner- Ajay Kumar on bail. [2025:RJ-JP:30317] (3 of 3) [CRLMB-7088/2025] Accordingly, bail application to the extent of petitioner- Ajay Kumar stands dismissed. 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, especially considering the material available on record in the form of charge-sheet and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail applications of petitioners- Hansraj S/o Kalu Lal and Purushottam S/o Kalu Lal. 8. 8. These bail applications are accordingly partly allowed and it is directed that accused-petitioners – 1) Hansraj S/o Kalu Lal and 2) Purushottam S/o Kalu Lal shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 9. The observations made hereinabove are only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /425-426