[2025:RJ-JP:30651] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10543/2024 Kamal Kumar S/o Shri Mamchand, R/o Purohito Ka Bas Tan Bay, Police Station Nawalgarh, District Jhunjhunu. (At Present Confined In District Jail Jhunjhunu). ----Petitioner Versus State Of Rajasthan, Through Its Pp ----Respondent For Petitioner(s) : Mr. Vinay Pal Yadav Mr. Rakesh Trivedi For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Kamal Kumar S/o Shri Mamchand in FIR No. 76/2024 dated 01.03.2024 registered at P.S. Nawalgarh District -Jhunjhunu, whereby the applicant-accused is charged under Sections 302 IPC. 2. The applicant was arrested on 12.03.2024 and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicant-accused is complete and are no more required by [2025:RJ-JP:30651] (2 of 4) [CRLMB-10543/2024] the Investigating Agency for investigation. He also submits that the trial will take its own time and no purpose will be served by keeping the applicant-accused in custody. 4. Learned counsel for petitioner submitted that FIR is registered against unknown person and no eye witness is named in the report. He further referred the statement of witnesses and submitted that no one has witnessed the petitioner with deceased. He further referred analysis of CCTV footage and submitted that on point No. 5 & 6 movement of petitioner is mentioned but nowhere it has been related with deceased. He further submitted that this CCTV footage is not helpful to identify petitioner as assailant. He further submitted that Police has prepared the site plan soon after the information but after arrest and recovered blade at the instance of petitioner after information under section 27 of Indian Evidence Act from the crime scene and prepared another site plan on 14.03.2024 which indicated that earlier site plan is prepared on 03.03.2024 and even from said crime scene, a blade was recovered after 14 days of alleged incident, where dead body was found. He further submitted that doubt on linkage in CCTV footage and false recovery of blade are sufficient to show that petitioner is planted by police. He submitted that as there is no chance of recovery of blade on 14.03.2024, after initial inspection of site on 03.03.2024. He further referred statement of PW 3 Ganesh and submitted that brother of Ganesh has visited Police Station and he handed over two blades to Police and [2025:RJ-JP:30651] (3 of 4) [CRLMB-10543/2024] which one was recovered on 03.03.2024 and another on 14.03.2024 which is sufficient to show that petitioner is falsely implicated in the matter. He further referred cross examination of PW-5 Rajesh Kumar. At last he submitted that petitioner is in custody since 12.03.2024 and disposal of case will take further time as till date only five witnesses were examined by the trial court. 5. Aforesaid contentions were opposed by Learned Public Prosecutor. He has submitted report received from concerned Police Station along with copy of FSL and DNA report. 6. Initially a report was registered against unknown persons for murder of deceased Akash Meghwal. The material collected by Police suggested that there is no eye witness in the matter and case squarely rests upon circumstantial evidence. The trial court has opined that as per CDR both accused and deceased have call details to show conversation between them and moreover CDR also indicate calls between accused and wife of deceased. We have considered the recovery of blade and other things along with site plan as referred by learned counsel for petitioner but at this stage we can’t express any opinion as it will impact the outcome on merits. 7. The FSL/DNA report submitted by Learned Public Prosecutor indicated that DNA profile obtained from bloods smear coat of deceased, shirt of deceased, inner of deceased, pant of [2025:RJ-JP:30651] (4 of 4) [CRLMB-10543/2024] deceased and shawl of deceased are matching with source of DNA profile obtained from blood recovered from accused. 8. Having considered the motive and other issues as pointed out by investigating agency while recommending charge- sheet, I, am of considered view that this is not a fit case wherein indulgence of bail can be granted to the petitioner. 9. In view of discussions made hereinabove, bail application preferred by petitioner-Kamal Kumar, is hereby dismissed, however, the trial court is directed to expedite the trial. (ASHOK KUMAR JAIN),J PREETI VALECHA /46