[2025:RJ-JP:95] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8267/2024 Shiva @ Shivshankar @ Girdhari S/o Ghasilal, Aged About 25 Years, R/o Village Devria, Police Station Dei, District Bundi Rajasthan Presently Confined In District Jail Bundi (Rajasthan). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9659/2024 Vinod S/o Shri Ramsagar, R/o Modsa Daie, Dhaneshwar, Police Station Daie, District Bundi Rajasthan. (At Present Confined In District Jail Bundi) ----Accused/Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 14795/2024 1. Lokesh S/o Kishangopal, R/o Govalya, Police Station Nainwa, District Bundi (Raj.) (At Present Confined In District Jail, Bundi ). 2. Soraj @ Shivraj S/o Badrilal @ Badriprasad, R/o Sisola, Police Station Nainwa, District Bundi (Raj.) (At Present Confined In District Jail, Bundi). ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Babu Lal Sharma, Adv., Mr. Liyakat Ali, Adv. and Mr. Praveen Kumar Jain, Adv. For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP and Mr. Abhishek Jhingonia, Adv., for complainant. [2025:RJ-JP:95] (2 of 4) [CRLMB-8267/2024] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 02/01/2025 1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.91/2024 Police Station Nainwa, District Bundi for the offences under Sections 341, 323, 447, 307, 143 & 504 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. Later on, police filed charge-sheet in this matter for the offences under Sections 341, 323, 447, 307, 143, 504 & 302 of IPC and Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act. 2. It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. Learned counsel submit that the petitioners are not named in the FIR. They further submit that FIR was registered on the basis of parcha- bayan of the injured Sugna Bai, who is the mother of the deceased, but names of the petitioners are not appearing in her statement. They argue that thereafter both injured witnesses namely Sugna Bai and Durgalal were examined by the Police and their statements recorded Section 161 Cr.P.C., but names of the petitioners do not figure in their statements. They further argue that they have been named first time in the statements of both injured witnesses when they were examined under Section 164 Cr.P.C. after a month of alleged incident. They contend that only one injury was found on the person of deceased which is head injury, which has been attributed to the co-accused Girraj. They further contend that two injuries were found on the person of [2025:RJ-JP:95] (3 of 4) [CRLMB-8267/2024] Sugna Bai and three injuries were found on the person of other injured Durga Lal. They further submit that charge-sheet has already been filed and trial of the case will take considerable time. They further argue that the petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor assisted by the learned counsel for complainant vehemently opposes the submissions made by the learned counsel for the petitioners. They submit that petitioners are named in statement of the injured witnesses recorded under Section 164 Cr.P.C. and recoveries have also been made at their instance. 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 petitioners, especially the fact that cause of death is single head injury and which is attributed to the co-accused Girraj; petitioners are not named in the FIR and they have been implicated in this case after their names were surfaced in the investigation after a month, when injured witnesses were examined under Section 164 Cr.P.C.; charge-sheet has been filed as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1. Shiva @ Shivshankar @ Girdhari S/o Ghasilal, 2. Vinod S/o Shri Ramsagar, 3. [2025:RJ-JP:95] (4 of 4) [CRLMB-8267/2024] Lokesh S/o Kishangopal and 4. Soraj @ Shivraj S/o Badrilal @ Badriprasad shall be released on bail provided, each of them 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 each of them 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. (ANIL KUMAR UPMAN),J MADAN/153-155