[2025:RJ-JP:37613] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10288/2025 Kailash Chand S/o Bapulal, Aged About 41 Years, R/o Dhabbeh, Police Station Jawar, District Jhalwar (Raj.) (At Present Confined In Sub Jail Aklera) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Virendra Godara For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Kailash Chand S/o Bapulal seeking bail in respect of a criminal case registered as FIR No.32/2025 dated 02.03.2025 registered at P.S. Jawar, District - Jhalawar, for the offence under Section 189(2), 115(2), 110 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:37613] (2 of 4) [CRLMB-10288/2025] 3. Learned counsel for applicant-accused submits that complainant Dev Narayan has lodged a report alleging that Ram Charan, Ram Vilas and Ram Parkash with Gandasi/sword, Kailesh, Ramraj, Bapu Lal and Rajaram having stick have assaulted his grandfather and allegation and attribution of deadly assault upon his grandfather is made upon Ram Charan. He further submits that the allegation upon present applicant is that he used stick to assault complainant Dev Narayan. He also referred post mortem report and injury report of deceased and submitted that deceased has only sustained one injury. He also submits that there is no evidence on record to show that the accused were having a premeditated plan with any kind of motive, when they assaulted grandfather of complainant. He further submitted that total seven persons were named by complainant in FIR but in statement under Section 180 of BNSS, 11 persons were named by complainant. He also referred charge-sheet filed after a detailed investigation and submitted that only two persons Ram Charan and Kailesh were named as accused by police. He also submitted that there was a previous animosity between the parties and due to previous animosity the present applicant is named by complainant. He further submitted that present applicant accused is in custody since 04.04.2025 and details of prosecution indicate that there are 27 witnesses listed along with charge-sheet. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. [2025:RJ-JP:37613] (3 of 4) [CRLMB-10288/2025] 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of report lodged by complainant on 02.03.2025 about assault by Ram Charan, Ram Vilas, Ram Parkash, Kailash, Ramraj, Bapu Lal and Rajaram for assault on his grandfather by Gandasi, a report is registered and matter is investigated. During investigation, Shyam Lal (Injured) expired on 04.03.2025 and post mortem report indicate that there were two injuries and cause of death is ante mortem head injury. The statement of complainant was recorded under Section 180 of BNSS and his injuries were examined but a simple abrasion was found and there was one injury upon Shyamlal in I.R. We have considered the material on record particularly description after investigation mentioned in charge-sheet. It is apparent on record that there is a previous animosity between the parties. The material on record indicate that copies of FIR Nos. 97/2018 dated 20.06.2018, 88/2021 dated 08.06.2021, 142/2023 dated 04.07.2023 and 93/2022 dated 10.06.2022 registered at P.S. Jhawar Distt Jhalawar is placed on record. 7. In the instant case only two persons Ram Charan and Kailash were named, and present applicant is also charged for involvement with aid of Section 3(5) of BNS. The doubts can be cleared only after examination of injured Dev Narayan. 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. [2025:RJ-JP:37613] (4 of 4) [CRLMB-10288/2025] 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. 10. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Kailash Chand S/o Bapulal is hereby dismissed. 11. The Trial Court is directed to record statement of complainant-injured Dev Narayan on priority basis. (ASHOK KUMAR JAIN),J MONU /142