[2025:RJ-JP:6827] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11176/2024 1. Bhura Ram @ Bhura S/o Ramphool, Aged About 35 Years, R/o Kundera, Police Station Kundera, District Sawai Madhopur (At Present In District Jail Sawai Madhopur). 2. Vikash @ Vikku S/o Prahlad, Aged About 19 Years, R/o Kundera, Police Station Kundera, District Sawai Madhopur (At Present In District Jail Sawai Madhopur). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 915/2025 Prahlad S/o Late Ramphool, Aged About 45 Years, R/o Kundera, Police Station Kundera, District Sawai Madhopur. (At Present Confined In District Jail Sawai Madhopur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sanjeev Kumar Mahala Mr. Ravindra Kumar Paliwal For Respondent(s) For Complainant(s) : : Ms. Arti Sharma, PP Mr. Ashindra Gautam HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/02/2025 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.195/2024 registered at Police Station Kundera, District Sawai Madhopur (Rajasthan) for the offences [2025:RJ-JP:6827] (2 of 3) [CRLMB-11176/2024] punishable under Sections 115(2), 126(2), 333 & 3(5) of BNS. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 115(2), 126(2), 333, 117(2), 103(1) & 3(5) of BNS. 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. It is submitted that deceased died after 22 days of the alleged incident and during this period he was examined under Section 180 of BNSS (Section 161 of Cr.PC). According to the statement of the injured (now deceased), allegation of causing head injury is against co-accused namely- Murari. Counsel submits that according to the post- mortem report, cause of death is ‘coma’ brought about as a result of ante-mortem Head injury no.1 as mentioned in this PMR and its consequences which is sufficient to cause death in ordinary course of nature. Counsel submits that even if, entire prosecution case is accepted, prosecution case would not travel beyond Section 105 of BNS (corresponding to Section 304 of IPC). It is submitted that when injured (now deceased) was initially examined by the medical expert, four injuries were found on his person and except one injury, all injuries were opined as simple in nature. There are no criminal antecedents of the petitioners. Charge-sheet has been filed and trial will take considerable time in its conclusion. Petitioners are in custody since 27.08.2024 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by counsel for the complainant vehemently opposes the submissions made by counsel for the petitioners. She submits that petitioners are duly named in [2025:RJ-JP:6827] (3 of 3) [CRLMB-11176/2024] the statement of witnesses recorded under Section 180 of BNSS. 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 petitioners, material made available in the form of charge- sheet as also the role attributed to the petitioners; absence of criminal antecedents against the petitioners; trial will take considerable time in its conclusion as well as looking to the custody period but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Bhura Ram @ Bhura S/o Ramphool, (2) Vikash @ Vikku S/o Prahlad & (3) Prahlad S/o Late Ramphool shall be released on bail provided each of them 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 they 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 herein above is only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /75-76