[2025:RJ-JP:1553] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15769/2024 1. Hemraj S/o Biramlal, Aged About 24 Years, R/o Mangta Road, Aklera Police Station Aklera District Jhalawar. At Present In Sub Jail Aklera. 2. Saurabh S/o Biramchand, Aged About 21 Years, R/o Todi Mohalla, Aklera Police Station Aklera District Jhalawar (At Present In Sub Jail, Aklera). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Harendra Singh Mr. Shivam For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/01/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.455/2024 registered at Police Station Aklera, District Jhalawar (Raj.) for the offences punishable under Sections 189(2), 115(2), 352, 109(2) & 126(2) of BNS. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 103(1), 191(2), 190 & 352 of BNS. 2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. Counsel submits that it appears from the FIR and statement of eye-witnesses that head injury was caused by the co-accused Bholaram and Raju and according to the post-mortem report, cause of death is head [2025:RJ-JP:1553] (2 of 3) [CRLMB-15769/2024] injury. Counsel submits that alleged incident took place on dated 07.09.2024 and deceased died on 01.10.2024. Counsel submits that possibility of medical negligence in treatment cannot be ruled out. Counsel further submits that there are no criminal antecedents of the petitioners. Petitioners are in custody since their date of arrest and trial will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. She submits that petitioners are named in the FIR and have also actively participated in commission of crime. She further submits that five injuries have been found on the person of the deceased. 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, as also the fact that cause of death is head injury and allegation to cause head injury to deceased is against the co-accused Bholaram and Raju; charge-sheet has been filed in this matter; absence of criminal antecedents of the petitioners; 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 Hemraj S/o Biramlal & Saurabh S/o Biramchand 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 [2025:RJ-JP:1553] (3 of 3) [CRLMB-15769/2024] Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that they 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 /228