SUJEET BARMAN S/O SHRI SHIBENDRA BARMAN v. STATE OF RAJASTHAN
CRLMB/9552/2024 · 2025-01-16
Anil Kumar Upman
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26455 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26455 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:2136] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9552/2024 Sujeet Barman S/o Shri Shibendra Barman, Aged About 35 Years, R/o South Masaladaga, Sahibganj, Koochbehar, West Bengal, At Present Bani Colony, Village Ghatal, Bhiwadi, District Alwar (Raj.). (Accused At Present Confined In Alwar Jail) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 16/01/2025
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.247/2023 registered at Police Station Bhiwadi, District Bhiwadi for the offences punishable under Sections 302 & 120B of IPC.
2.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that as per prosecution case, in the night of 22.04.2023 at about 10:00 PM, Sujeet (petitioner herein), his wife Deepali and father Siben Barman gave beatings to the deceased Alis Barman with kicks and punches due to which, on next morning, he passed away. It is submitted that after investigation, the aforesaid two accused persons namely Deepali and Siben Barman were not found
[2025:RJ-JP:2136] (2 of 2) [CRLMB-9552/2024] involved in the alleged incident and charge-sheet was filed only against the petitioner for the offences under Sections 302 & 120B of IPC whereas investigation was kept pending against these two other co-accused persons. It is contended that only one injury was found on the chest of deceased and he was found in inebriated/drunken condition. Learned counsel argues that medical expert who conducted post mortem on the dead body of deceased, was examined during the course of trial wherein he did not deny the fact that the injury sustained to deceased could be caused after falling down on hard surface. It is submitted that petitioner is in custody since 25.04.2023. Charge-sheet has been filed, trial will take considerable time in its conclusion and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. She submits that trial is at fag end as till 05.11.2024, out of ten cited witnesses, eight witnesses have been examined.
4. I have considered the contentions.
5. Considering the gravity of offence and nature of allegations levelled against the petitioner as also the fact that trial is at fag end, this Court is not inclined to enlarge the petitioner on bail.
6. Accordingly, the instant bail application is dismissed.
(ANIL KUMAR UPMAN), J CHARU SONI /67