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2025 DAILYLAW 31667 (RAJ)

NANURAM S/O NARAYAN v. STATE OF RAJASTHAN

CRLMB/12485/2024 · 2025-01-09

Praveer Bhatnagar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:1434] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12485/2024 Nanuram S/o Narayan, Aged About 24 Years, R/o Asalpur Police Station Ghatoli District Jhalawar (Raj) (At Present Confined In Sub District Jail, Aklera District Jhalawar (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 09/01/2025 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.78/2024 registered at Police Station Ghantoli, District Jhalawar for the offence(s) under Section 302 of IPC. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the case solely rests upon the extra judicial statements of the witness Shiv Singh, apart form the statements of Shiv Singh, there is no other evidence to the fact that the deceased was last seen with the accused-petitioner. It is contended that the sole witness PW-4 Shiv Singh has turned hostile and not supported the prosecution story. He has denied the fact that he saw the accused-petitioner with blood stained clothes [2025:RJ-JP:1434] (2 of 3) [CRLMB-12485/2024] and not informed anyone that the petitioner Nanuram has come at his home. It is also contended that the statement of the witnesses Shankar Lal & Nanuram S/o Girdhari Lal were also recorded under Section 164 of Cr.P.C. and in their statements, they have stated that the accused-petitioner with the deceased Puri Lal went to his village. The accused-petitioner is in custody since long and trial/investigation of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor vehemently opposes the bail application. 4. Heard and perused the material available on record. 5. Considering the fact that the witness Shiv Singh who is stated to be a witness of extra judicial confession made by the petitioner Nanuram has turned hostile. It is not apposite for the Court to comment upon the reliability of the witness. Therefore, considering the statements of PW-4 Shiv Singh and taking into note that the trial/investigation of the case may take considerable time, thus, without commenting anything on the merits of the case, I deem it just and proper to allow the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Nanuram S/o Narayan in connection with FIR No.78/2024 registered at Police Station Ghantoli, District Jhalawar shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the [2025:RJ-JP:1434] (3 of 3) [CRLMB-12485/2024] learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Keshav/15