[2025:RJ-JP:35749] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8080/2025 Dharmendra Son Of Surendra, Resident Of House No. 565, Chitrakoot Colony, Near J.d.a. Flats Mohan Nagar, Gaziabad, U.p. ( At Present In District Jail Dausa) ----Petitioner Versus The State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Ved Prakash Sogarwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/08/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Dharmendra son of Surendra seeking bail in respect of a criminal case registered as FIR No. 34/2025 dated 10.02.2025 registered at P.S. Kolwa, District -Dausa, for the offence under Sections 103(1) and 238(a) of BNS, 2023. 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 [2025:RJ-JP:35749] (2 of 4) [CRLMB-8080/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicant submitted that complainant has registered a report against unnamed persons as a dead body was recovered from a highway. He further submitted that on examination of body, a case was registered but no marks of identification were found on the body and also the material found near body. He further submitted that applicant was neither named as suspect nor as a person who committed murder of deceased. He further submitted that the case squarely rests upon circumstantial evidence, as there is no eye-witness to the incident. He further referred investigation and also conclusion drawn by the Investigating Officer and submitted that without any legal evidence present applicant-accused was arrested on 22.02.2025 and a charge-sheet has been filed against him. He further referred conclusion and submitted that present applicant was neither identified by anyone nor his presence was noticed from any footage of CCTV, collected by Investigating Officer. 4. Learned counsel for applicant also submitted Panchayatnama and submitted that except one injury, no other injury was found on body of deceased. He also submitted that police has examined a car and further recorded observation which is not sufficient to show involvement of present applicant in the incident. He further referred the circumstances about site plan and submitted that according to police, Ram Sunder @ Bittu has fired a shot upon deceased Ashanand. He further [2025:RJ-JP:35749] (3 of 4) [CRLMB-8080/2025] submitted that present applicant is not named as the person, who assaulted deceased. 5. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On basis of recovery of a dead body on Link Road, Bandikui- Jaipur Express Way connecting to Delhi-Mumbai Express Way, a case is registered and during investigation police has found that deceased was Ashanand @ Pandey who was murdered on highway when he was accompanied by present applicant Dharmender and Ram Sunder. Ram Sunder has fired a shot upon him and then the body is thrown on highway. The motive behind murder is illicit relation between present applicant and Shweta @ Shilpi (wife of deceased). 8. 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. 9. 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. [2025:RJ-JP:35749] (4 of 4) [CRLMB-8080/2025] 10. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Dharmendra son of Surendra is hereby dismissed. (ASHOK KUMAR JAIN),J MONU /84