[2025:RJ-JP:2977] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12902/2024 Radheyshyam S/o Bhamturam, R/o Village Nagla Ramratan, Police Station Nagar, District Bharatpur (Raj.) (At Present Confined In Central Jail Sewar, District Bharatpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Yogesh Singhal For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/01/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.456/2023 registered at Police Station Nadbai, District Bharatpur (Rajasthan) for the offences punishable under Sections 302 & 34 of IPC. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 302, 201 & 34 of IPC. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that alleged incident took place on intervening night of 27/28.08.2023 while matter was reported to the police on 03.09.2023. Counsel submits that no post-mortem was conducted in this matter as without informing the police, cremation of the deceased was performed by the family members including complainant. Counsel submits that [2025:RJ-JP:2977] (2 of 3) [CRLMB-12902/2024] after six days of alleged incident false story was concocted by the complainant and alleged that there was affair between the petitioner and complainant’s mother and the same was confessed by his mother to the complainant. Counsel submits that it is also been alleged in the charge-sheet that petitioner has also confessed this fact before his wife. Counsel submits that wife of the petitioner did not supported the prosecution case and declared hostile. Petitioner is in custody since 07.09.2023 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that petitioner as well as co- accused of this case has confessed alleged offence and it is a settled law that conviction can be recorded on the basis of extra judicial confession. 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 petitioner, especially the fact that no post-mortem report is available on record suggesting the fact that death of the deceased was homicidal; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Radheyshyam S/o Bhamturam shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two [2025:RJ-JP:2977] (3 of 3) [CRLMB-12902/2024] 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 he 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. 7. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN), J LALIT MOHAN /156