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2025 DAILYLAW 30808 (RAJ)

PIYUSH DAS S/O SHRI MOHAN LAL v. STATE OF RAJASTHAN

CRLMB/11807/2024 · 2025-03-20

Praveer Bhatnagar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:12759] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11807/2024 Piyush Das S/o Shri Mohan Lal, R/o Chambal Colony Sakatpura, P.s. Kunhadi, Kota (Raj.) (Accused At Present Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/03/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 130/2024 registered at Police Station Kunhadi, District Kota City for the offence(s) under Sections 341, 323 and 34 of IPC. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case for the offence(s) under Sections 341, 323, 302 and 34 of IPC. It is contended that statement of PW-1 Sunita, who is the real sister of the deceased and FIR lodger, is not reliable, she in her cross- examination has stated that she simply signed the FIR and there was no dispute between the deceased and accused petitioner and other co-accused. She has also stated that she is not aware about the fact that how the present petitioner and co-accused have been [2025:RJ-JP:12759] (2 of 2) [CRLMB-11807/2024] made accused in the present case. It is also contended that the case solely rests upon the circumstantial evidences and prosecution has not shown any motive behind murder of the deceased. The recovery of blood soaked clothes of petitioner is also not probable as no person would roam with the blood soaked clothes after committing the offence. The accused petitioner is in custody since long and the trial of the case will take considerable time. Therefore, the benefit of bail may be granted to the accused-petitioner. 3. Per contra, learned Public Prosecutor opposes the bail application and contended that the case rests upon the circumstantial evidence. In the FIR, it has been specifically stated that present petitioner and other accused caused injuries to the deceased, thereafter petitioner was arrested and his blood soaked clothes were recovered and they were sent to Forensic Science Laboratory. In the FSL report human blood was detected on the clothes recovered from the petitioner, therefore, considering the above facts, the bail application of the accused-petitioner deserves to be dismissed. 4. Heard and perused the material available on the record. 5. Considering the fact that blood soaked clothes of petitioner was recovered and in the FSL report human blood was detected. It is not desirable to express anything on the merits of the case, this court is not inclined to enlarge the accused-petitioner on bail. 6. Accordingly, the instant bail application is hereby dismissed. (PRAVEER BHATNAGAR),J ashu /57