[2025:RJ-JP:6942] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 92/2025 Ishwar Singh S/o Shri Magan Singh Shekhawat, Aged About 25 Years, R/o Motalawas Tahsil And P.s. Dantaramgarh Dist. Sikar (Raj.) Presently Residing At Plot No 99 Jai Hind Collony, Pachora Road, Badgaon, P.s. Badgaon Dist. Jalgaon, Maharashtra (At Present Confined At Dist. Jail Sikar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ravindra Paliwal For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Anoop Pareek Mr. Pranav Pareek HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/02/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.48/2024 registered at Police Station Dantaramgarh, District Sikar (Rajasthan) for the offences punishable under Sections 341, 323, 302, 307 & 34 of IPC. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 341, 323, 302, 325 & 34 of IPC. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that there is no allegation against the petitioner of causing injury on the person of the deceased. Counsel submits that cause of death is head injury who is attributed to the co-accused namely Himmat Singh. [2025:RJ-JP:6942] (2 of 3) [CRLMB-92/2025] Counsel submits that some material witnesses including complainant have been examined during the course of trial and it appears from the testimony of the witness Chhigan Singh that head injury was caused by the co-accused Himmat Singh. Counsel submits that other co-accused namely Magan Singh and Uchchhaw Kanwar have been granted benefit of bail by this Court. Counsel further submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 06.02.2024 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. Counsel for the complainant submits that petitioner is named in the FIR and actively participated in commission of crime. He further submits that under Section 34 of IPC, petitioner is also responsible for death of the deceased. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, as also the fact that cause of death is head injury and same is assigned to the co-accused Himmat Singh; material available on record in the form of charge-sheet; role attributed to the petitioner; absence of criminal antecedents of the petitioner; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. 6. This bail application is accordingly allowed and it is directed [2025:RJ-JP:6942] (3 of 3) [CRLMB-92/2025] that accused-petitioner Ishwar Singh S/o Shri Magan Singh Shekhawat shall be released on bail provided he 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 he 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. 7. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /49