[2025:RJ-JP:30878] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15863/2024 Gopi Singh S/o Poonam Singh, R/o Jeevna, Police Station Masuda, District Beawar (Raj.) (At Present Accused Petitioner Confined In District Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Jiya UR Rehman For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 07/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Gopi Singh S/o Poonam Singh in FIR No. 204/2024 dated 13.06.2024 registered at P.S. Masuda, District -Beawar, whereby the applicant- accused has charged under Sections 302 and 34 IPC. 2. The applicant was arrested and has in judicial custody since then. The Court below has dismissed the bail application. 3. Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. He submits that as per report deceased Jai Singh was assaulted by Laxman Singh and during treatment he succumbed to injuries. He also submits that this applicant-accused who is 65 year old person has neither played any role nor involved [2025:RJ-JP:30878] (2 of 4) [CRLMB-15863/2024] in any assault upon deceased. He further submits that during investigation, the recovery of hammer was effected from Laxman Singh and no recovery was effected from present applicant. He also submits that deceased and accused belongs to same family and there is a property dispute between them. He also submits that after framing of the charge no much progress has been achieved in recording evidence by the Trial Court and the appellant-accused is in custody for last more than one year. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation will take its own time and no purpose will be served by keeping the applicant-accused in custody. 4. Aforesaid contentions were opposed by learned Public Prosecutor. 5. Heard learned counsel for the applicant-accused along with learned Public Prosecutor. Perused the material placed on record. 6. On basis of report lodged by Balvir Singh son of Harji Singh about abuse and assault upon Jai Singh resulted in death of Jai Singh. A report was registered and during investigation both the accused were arrested but hammer used in assaulting Jai Singh was recovered at the behest of Laxman Singh. After investigation, police has filed a charge-sheet [2025:RJ-JP:30878] (3 of 4) [CRLMB-15863/2024] against both the appellant-accused. A charge is framed on 20.12.2024 under Section 302/34 IPC and order sheet produced before this Court indicate that four witnesses were examined so far which includes PW-1 to PW-4 but complainant has not examined though he is called through warrant of arrest after remaining absent on 24.04.2025. This appellant-accused Gopi Singh is in custody since his arrest on 14.06.2024. 7. Having considered the statement of Balvir Singh recorded under Section 161 Cr.P.C., a specific attribution of deadly assault is upon Laxman Singh. There is animosity between Jai Singh and Gopi Singh. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 9. Thus, the instant bail application filed on behalf of applicant- accused Gopi Singh S/o Poonam Singh, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. [2025:RJ-JP:30878] (4 of 4) [CRLMB-15863/2024] (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall mark his attendance on every first Monday of every month at concerned Police Station till disposal of the sessions case. (iv) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (v) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MONU /33