[2025:RJ-JP:897] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7460/2024 Sonu S/o Birdhi Lal, Aged About 26 Years, R/o Sarolakalan, Police Station- Sarolakalan, District- Jhalawar (Raj.) (Presently Confined In District Jail At Jhalawar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajveer Singh Jhala For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/01/2025 1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.40/2024 registered at Police Station Sarola, District Jhalawar for the offence(s) under Sections 449, 302, 307, 323, 504, 427 & 34 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 main eye witnesses PW-1 Durgesh and brother of the deceased PW-6 Shambhu have turned hostile and not supported the prosecution story. It is also contended that in the FIR, it is specifically alleged that the other co-accused caused head injuries to the deceased Sawaria & Daulatram and the accused-petitioner did not cause head injuries to the deceased. The cause of death of the deceased is due to head injury. It is also contended that the evidence of PW-4 Ranjeet is contradictory and not reliable and in his cross-examination, he has changed the place of occurrence and stated that the incident was occurred [2025:RJ-JP:897] (2 of 2) [CRLMB-7460/2024] outside the home. It is further contended that the other material witness PW-2 Hukamchand has also turned hostile and not supported the recovery of weapon, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor vehemently opposes the bail application. 4. Heard and perused the material available on record. 5. It is alleged against the accused-petitioner and other co- accused that they caused injuries with the aid of iron pipes and gandasi resulting into death of Sawaria and Daulatram after trespassing into the premises. PW-4 in his deposition before the trial Court has named the accused-petitioner as one of the culprit along with the other co-accused in causing injuries to the deceased. 6. It is not desirable to go into the merits of the case and find out the faults or contradictions in the evidence of the prosecution witnesses. 7. At the stage of bail, the Court has to see that whether there is enough material against the accused-petitioner regarding the offences committed. Therefore, considering the statement of PW-4 Ranjeet and without expressing anything on the merits of the case, this Court is not inclined to enlarge the accused-petitioner on bail. 8. Hence, the bail application of the accused-petitioner is hereby, dismissed. (PRAVEER BHATNAGAR),J Keshav/61