[2025:RJ-JP:474] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11886/2024 1. Ramsagar S/o Bhura, Aged About 60 Years, R/o Gram Nohra Police Than Karwar Distt. Bundi (Raj.) (At Present Confined In District Jail Bundi). 2. Kanhiya Lal S/o Ramsagar, Aged About 24 Years, R/o Gram Nohra Police Than Karwar Distt. Bundi (Raj.) (At Present Confined In District Jail Bundi). 3. Banwari S/o Ramsagar, Aged About 21 Years, R/o Gram Nohra Police Than Karwar Distt. Bundi (Raj.) (At Present Confined In District Jail Bundi). ----Petitioners Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Lakhan Singh Meena For Respondent(s) : Mr. Onkar Singh Rajpurohit HON'BLE MR. JUSTICE GANESH RAM MEENA Order 06/01/2025 1. This bail application has been filed by the accused petitioners u/S 483 BNSS in connection with FIR No. 27/2024 registered at Police Station Karwar, District Bundi for offences u/S 341, 323, 147, 148, 149 & 302 IPC. 2. Heard learned counsels for the petitioners as well as learned Public Prosecutor. 3. Learned counsel for the accused petitioners submit that both the accused party and the complainant party are the family mem- bers and the dispute arose between them over the boundary of “baara” and it is alleged that all the three accused petitioners [2025:RJ-JP:474] (2 of 4) [CRLMB-11886/2024] alongwith other co-accused armed with wooden sticks, iron rod and “kulhadi” made attack on the deceased Chotu Lal and the in- formant tried to rescue his father (deceased), the accused inflicted injuries to him also. Counsel further submits that the accused pe- titioners are in custody Since January 2024 and looking to the averments made in the first information report as well as the evi- dence collected during investigation, no intention of the accused petitioners appears for committing murder. He also submits that at the time of preparation of panchnama, no visible injury was found on the body of the deceased and as per the postmortem report, deceased had sustained an injury on the chest. He further submits that the said injury has been sustained by the deceased due to falling on the stone which resulted into ribs fracture. 4. Counsel for the accused petitioner also submits that the in- formant (Giluram-PW1) and other alleged eye witnesses namely Ramjas (PW-2), Khambalal (PW-7), Jodhraj (PW-9) and Bhojraj (PW-10) have been examined before the trial Court and in their statements, there are only general allegations against accused pe- titioners and no specific overt act has been assigned to any of the accused petitioners. He also submits that there are 24 prosecution witnesses to be examined before the trial Court out of which only 10 have been examined so far. 5. Learned Public Prosecutor vehemently opposed the bail ap- plication and submits that as per the evidence collected during in- vestigation so also the statements of the prosecution witnesses examined so far, the accused petitioners have been found to be actively involved in the alleged incident which resulted into the death of the deceased. [2025:RJ-JP:474] (3 of 4) [CRLMB-11886/2024] 6. Considered the submissions made at bar and also perused the challan papers as well as the statement of the prosecution wit- nesses examined so far. 7. As per the postmortem report, the cause of death is hemor- rhagic shock as a result of antemortem injury to the chest pro- duced by blunt force/impact. The postmortem report also discloses only one injury on the one lacerated wound size 3x2 cm. which re- sulted into fracture into fourth, fifth and sixth ribs. 8. The allegations as per the first information report is that all the present accused petitioners alongwith other two accused made attack and gave beating to the deceased as well as the informant, but except the injury on the chest there was no visible injury found on the body of the deceased and as per the MLR dated 16.01.2024, the informant sustained four injuries which are abra- sion, swelling and pain only. In the statement of the prosecution witnesses during examination before the trial Court, they have made general allegations against all the accused petitioners and no specific overt act has been assigned to any of the accused peti- tioners. 9. Having considered the submissions made by learned counsel for the accused petitioners and also scrutiny of the statements of the prosecution witnesses examined so far, this Court finds that there are general allegations against the accused petitioners and no specific overt act has been assigned to any of the accused peti- tioners and they are in custody for last one year and looking into the injuries sustained by the deceased as well as the injured wit- ness, prima-facie the intention of the accused petitioners does not seems to be of committing murder. [2025:RJ-JP:474] (4 of 4) [CRLMB-11886/2024] 10. Hence, this Court, without expressing any opinion on merits or demerits of this case, deems just and proper to enlarge the pe- titioners on bail. 11. Accordingly, this bail application is allowed and it is directed that accused-petitioners shall be released on bail provided that they furnish a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only)(each), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the Trial Court with the stipulation that they shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. (GANESH RAM MEENA),J GAURAV SRIVASTAVA /13