[2025:RJ-JP:2364] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11033/2024 Kamal Singh Meena S/o Sawai Singh Meena, Aged About 28 Years, R/o Mirzapur, Police Station Todabhim, District Gangapur City, Rajasthan. (At Present Accused Petitioner Confined In District Jail Karauli). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15488/2024 Rajesh Kumar Meena @ Mansingh S/o Ramphool Meena, Aged About 30 Years, R/o Khedi, Police Station Baijupada, District Dausa, Rajasthan. (At Present Confined In Sub Jail Hindaun City, District Karauli). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. A.K. Gupta, Sr. Adv. with Mr. Gaurav Sharma Ms. Seema Moyal For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN O R D E R DATE OF PRONOUNCEMENT:- 04/02/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.98/2024 registered at Police Station [2025:RJ-JP:2364] (2 of 3) [CRLMB-11033/2024] Todabhim, District Gangapur City for the offences punishable under Sections 302, 365, 506, 201 & 34 of IPC. 2. Learned senior counsel Mr. A.K. Gupta assisted by Mr. Gaurav Sharma and Ms. Seema Moyal appearing for the petitioners submits that petitioners have falsely been implicated in this case. It is submitted that entire prosecution is based on circumstantial evidence as there is no eyewitness of the alleged incident. The FIR has been lodged after six days of the recovery of the dead body. Learned counsel submits that on 16.04.2024, inquest report (Fard Panchayatnama) was prepared wherein it was clearly mentioned that the death of deceased was occurred on account of his falling in a pit alongside the road. Thus, petitioners are totally innocent. It is submitted that petitioners are in custody since 27.04.2024. Charge-sheet has been filed, trial will take considerable time in its conclusion and further custody of the petitioners would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor opposes the submissions made by counsel for the petitioners. She submits that deceased is the real brother of accused petitioner Kamal Singh Meena whereas the petitioner Rajesh Kumar Meena is cousin of deceased. It is argued that it is clear from the charge-sheet that deceased was lastly seen in the company of petitioners and thereafter, he was not found alive. Witness Laltesh Meena in his statement recorded under Section 161 Cr.P.C. has stated that he on 15.04.2024 in the evening, he saw the accused petitioner Kamal Singh Meena with the deceased. Learned State counsel further submits that post-mortem was conducted on 16.04.2024 [2025:RJ-JP:2364] (3 of 3) [CRLMB-11033/2024] at 11 a.m. As per post-mortem report, death was occurred within 6 to 12 hours prior to PME. Post-mortem report further reflects that number of injuries were found on the person of the deceased which prima facie, cannot be result of falling of the deceased into a pit. It is also contended by learned Public Prosecutor that Smt. Dharmo Devi, mother of petitioner Kamal and deceased Naval Singh, also alleged in her statement recorded under Section 161 Cr.P.C. that there was a land dispute going on between deceased and petitioner Kamal and earlier also, the petitioners gave beatings to the deceased and threatened him for dire consequences. She clearly alleged that the petitioners murdered her son Naval Singh Meena in the land dispute. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case and considering the nature of allegations and gravity of offence, I am not inclined to enlarge the petitioners on bail. Accordingly, these bail applications are dismissed. The petitioners are given liberty to renew the prayer of bail after recording testimonies of the witnesses Dharmo Devi, Lalitesh and the medical expert who conducted post mortem on the dead body. 6. Learned trial court is also requested to record the testimony of aforesaid witnesses on priority basis. (ANIL KUMAR UPMAN), J CHARU SONI /79-80