[2025:RJ-JP:2397] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13205/2024 Chetan @ Golu S/o Shri Lalchand, Aged About 23 Years, R/o Ward No. 4, Bairwa Mohalla, P.S. Deoli, District Tonk (Raj.) (At Present Confined In District Jail, Tonk (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Praveen Kumar Jain For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/01/2025 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.187/2024 registered at Police Station Devli, District Tonk (Rajasthan) for the offence punishable under 302 of IPC. Later on, police filed charge-sheet in this matter for the offence punishable under Section 302 of IPC. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submit that according to the FIR, alleged incident took place on 13.05.2024 and it was alleged that petitioner caused injury in the stomach of the deceased by kicks. Counsel submits that it is alleged that due to injury caused by the petitioner, deceased was admitted in the hospital at Devli and thereafter, referred to Kota on 16.05.2024 where he was operated. Counsel submits that thereafter, deceased [2025:RJ-JP:2397] (2 of 3) [CRLMB-13205/2024] was discharged from the hospital and on 23.05.2024 he died. Counsel submits that according to the post-mortem report, no visible injury was found on the person of the deceased and it has been opined that primary cause of death is septicaemia and excessive internal bleeding. Counsel submits that final opinion has been reserved till receiving FSL report as well as Histopathological examination report. Counsel submit that alleged incident took place in the spur of the moment on account of petty dispute and there was no intention of the petitioner to commit murder. Counsel submits that possibility cannot be ruled out that deceased died on account of old diseases. Counsel submits that there are no criminal antecedents of the petitioner. Counsel further submits that petitioner is in custody since 24.05.2024 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. She submits that there is specific allegation against the petitioner to cause injury on the stomach of the deceased, which was opined as the cause of death. 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 as noted above, as also the fact that the deceased passed away after ten days of the alleged incident, charge-sheet has been filed in this matter; absence of criminal antecedents of the petitioner; period of custody, but without commenting anything on the merits/demerits of the case, I deem it [2025:RJ-JP:2397] (3 of 3) [CRLMB-13205/2024] fit and proper to allow this bail application. 6. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Chetan @ Golu S/o Shri Lalchand 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 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. 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 /92