[2025:RJ-JP:4225] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13739/2024 Aman S/o Shri Rampratap, R/o House No. 32, Saraswati Colony, Shri Ram Marg Balaji Town, Kherli Fatak, Police Station Bheemganjmandi, District Kota City Rajasthan. (At Present Petitioner Confined In District Jail Kota District Dausa). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14755/2024 Sanjay Vaishnav S/o Shri Chaturdas, Aged About 23 Years, R/o Khand Gawdi, Bheru Ji Mandir Ke Pas, Police Station Nayapura, Kota City. (Presently Confined In Central Jail, Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 14756/2024 Jaiprakash S/o Suresh, R/o Khand Ganvadi, Near Bhairju Mandir, Nayapura, Kota (Rajasthan) (At Present Confined In Central Jail Kota, District Kota) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 14942/2024 Sushil Chillar S/o Satyawan, Aged About 21 Years, R/o House No. 179 Kailash Puri Ganesh Pura Road, Thana Railway Colony Kota (Presently Confined In Central Jail Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent [2025:RJ-JP:4225] (2 of 4) [CRLMB-13739/2024] S.B. Criminal Miscellaneous Bail Application No. 15325/2024 Dhruv Tiwari S/o Shri Mayank Tiwari, Aged About 21 Years, R/o Shanti House, Gurudwara Road, Kota Junction, P.S. Bhimganjmandi, Kota (Raj.). (Accused At Present Confined In Central Jail Kota) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 16003/2024 Mukesh Kewat S/o Shri Chhotelal, Aged About 55 Years, R/o House No. 26, Balaji Town Behind Shiv Mandir, Khedli Phatak, Kota (Presently Lodged At Central Jail, Kota). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Dr. Mahesh Sharma, Adv., Mr. Vipin Sharma, Adv., Mr. Amit Kumar, Adv., Mr. Nitin Kumar Sharma, Adv., Mr. Ashvin Garg, Adv., with Mr. Nonit Hatila, Adv., Mr. Samarth Sharma, Adv., and Mr. Sudhir Jain, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP, Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/01/2025 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.184/2024 registered at Police Station Bhimganj Mandi, District Kota City for the offences punishable [2025:RJ-JP:4225] (3 of 4) [CRLMB-13739/2024] under Sections 103(1), 115(2), 126(2), 190, 191(3) of BNS, 2023. Later on, Police has filed charge-sheet in this matter for the offences punishable under Sections 103(1), 115(2), 126(2), 190 of BNS, 2023 and Sections 4/25 Arms Act. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that according to the post-mortem report cause of death is shock as a result of ante-mortem injury to heart which is sufficient to cause death in ordinary course of nature. The said injury is attributed to the co-accused namely Ashok @ Monu Nagar and Vishal. They further submit that no weapon has been recovered from the possession of the petitioners. The blood- stained knife has been recovered at the instance of the co-accused persons. They contend that petitioner – Mukesh Kewat has been made accused simply on the basis that he is father of the main accused – Vishal. They further argue that charge-sheet has already been filed and trial of the case will take considerable time. They contend that the petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for petitioners. He submits that the petitioners were also present at the place of incident and they also actively participated in commission of crime. 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 [2025:RJ-JP:4225] (4 of 4) [CRLMB-13739/2024] counsel for the petitioners as also looking to the fact that cause of death is shock as a result of ante-mortem injury to heart which is sufficient to cause death in ordinary course of nature and said injury has been attributed to other co-accused person as noted above; charge-sheet has been filed and trial will take time in its conclusion as also 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. Aman S/o Shri Rampratap, 2. Sanjay Vaishnav S/o Shri Chaturdas, 3. Jaiprakash S/o Suresh, 4. Sushil Chillar S/o Satyawan, 5. Dhruv Tiwari S/o Shri Mayank Tiwari and 6. Mukesh Kewat S/o Shri Chhotelal 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. 7. The observation made hereinabove is only for decision of these instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/85-90