[2025:RJ-JP:37513] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7589/2025 Kamal S/o Balram, Aged About 25 Years, Holi Ka Khund, Suket, P.s. Suket, District Kota (Presently confined in Distt. Jail Jha- lawar) ----Petitioner Versus State Of Rajasthan, Dd ----Respondent For Petitioner(s) : Mr. Rahul Kumar Meratwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 10/09/2025 1 The present bail application under Section 483 of BNSS is filed by the applicant-accused Kamal S/o Balram seeking bail in respect of a criminal case registered as FIR No.551/2024 dated 11.09.2024 registered at P.S. Kotwali Jhalawar, District -Jhalawar, for the offence under Section 103(1) of BNS. 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 applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2025:RJ-JP:37513] (2 of 5) [CRLMB-7589/2025] 3 Learned counsel for applicant-accused submits that complainant who is wife of deceased has lodged a report with ambiguous facts and during investigation, police has recorded statement of complainant wherein she raised suspicion on present applicant. He further referred the statement of Raju recorded by police and submits that Raju has been introduced by police to show that he has last seen the deceased in the company of present applicant. He also referred the police investigation and submits that the entire case rests upon circumstantial evidence. He further referred PMR and submits that four injuries were found on body of victim and none of them is incised wound rather three lacerated wounds were found on body of deceased and same cannot be a result of use of a sharp edged weapon like axe. He further referred Panchayatnama and submits that cause of death is drowning and four injuries on body of deceased. He also referred FSL report and submits that presence of ethyl alcohol in the body of deceased is sufficient to show that deceased was in drunkard condition. He also submits that only on ground of suspicion, present applicant was arrayed as an accused and he is forwarded by police by filing charge-sheet against him. 4 Learned counsel for the applicant further referred statement of PW-1 Sumitra who is complainant before the trial court and submits that she improved her statement under Section 180 of BNSS wherein she named present applicant for committing murder of deceased whereas she is not an eyewitness to the incident. He also referred cross- [2025:RJ-JP:37513] (3 of 5) [CRLMB-7589/2025] examination and submitted that only incident of missing was reported, but no suspicious was raised upon present applicant. He referred statement of PW-4 Raju, who is a last seen witness and submits that police has not inquired from this witness on date of post-mortem and his cross- examination suggests that he is planted witness. He further submits that both these witnesses having improved their previous versions and they are not trustworthy. He also referred order dated 22.10.2021 in bail application No. 15578/2021 in a matter arising out of FIR No. 1/2021, registered at PS Suket, Kota Rural and submits that a false case of murder of other brother was also lodged against present applicant wherein present applicant was released on bail. 5 Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. Learned Public Prosecutor has submitted that two criminal cases were registered against applicant- accused and one relating to murder of elder brother by applicant-accused to grab the property and with similar intention present applicant has committed murder of another man. 6 Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 7 On basis of report dated 11.09.2024 lodged by PW-1 Sumitra for murder of her husband by present applicant- accused, a report is registered and after investigation, police [2025:RJ-JP:37513] (4 of 5) [CRLMB-7589/2025] has filed a charge-sheet against the applicant. The present applicant is in custody since 16.09.2024. The material suggests that four witnesses were examined by prosecution. 8 The post-mortem report indicate that there were four ante- mortem injuries on body of deceased and out of which three injuries were mentioned as lacerated wounds, though these are three dimensional injuries. The material on record suggests that after arrest of present applicant-accused an axe is recovered on 13.09.2024 and in description, the investigating officer has mentioned presence of bloodstains. The PMR clearly shows that four lacerated wounds were found on skull with clear dimension. The FIR indicate that dead body of deceased was found from river and Panchayatnama dated 11.09.2024 indicate that the cause of death is injuries upon skull and also drowning. We have considered the statement of PW1 Sumitra and PW-4 Raju, particularly cross examination as referred by learned counsel for applicant. On previous occasion, the allegation upon present applicant is made for committing murder of elder brother and applicant accused is facing charge in a case arising out of FIR No. 01/2021, registered at PS Suket, though applicant-accused is on bail in said case. 9 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 collected so far, this is not a fit case to enlarge the applicant accused on bail. [2025:RJ-JP:37513] (5 of 5) [CRLMB-7589/2025] 10 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. 11. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Kamal S/o Balram is hereby dis missed. (ASHOK KUMAR JAIN),J MONU /150