[2025:RJ-JP:8772] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15848/2024 Sanjay S/o Jagmal, Aged 38 Years, R/o Indra Colony Pisangan, District Ajmer. (At Present Confined In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vinay Pal Yadav For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 27/02/2025 The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 158/2024 registered at Police Station Pisangan, District Ajmer for the offence(s) under Sections 103(1) and 3(5) of BNS. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that injuries sustained to deceased are not sufficient to cause death, deceased suffered four injuries and in the post mortem report they were found to be abraded bruise at right knee and at the left eyebrow. In the post mortem report it is opined that the deceased died due to hypovolumic shock due to ante mortem injuries. At the time of assault deceased was under consumption of alcohol. It is also shown in the post mortem report that spleen of the deceased got ruptured and that may have been due to [2025:RJ-JP:8772] (2 of 3) [CRLMB-15848/2024] enlarged spleen and consumption of alcohol which may result into death. Even it is presumed that petitioner caused injury at the deceased abdomen then also the petitioner never intended to cause death of the deceased. The case does not travel beyond Section 115 of BNS. The accused petitioner is in custody since 08.10.2024 and the trial of the case will take considerable time. Therefore, the benefit of bail may be granted to the accused- petitioner. Per contra, learned Public Prosecutor opposes the bail application. Heard and perused the material available on record. Considering the arguments advanced by the counsel for the parties and looking to the fact that in the post mortem report it is clearly opined that spleen of the deceased got ruptured and injuries caused to injured at other body parts are simple abrasions and bruises and not on the vital parts, further no weapon was used to cause injuries to the deceased. At the time of incident the deceased and the present petitioner was under influence of alcohol. Therefore, considering the post mortem report and statements of the witnesses, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Sanjay S/o Jagmal, in connection with FIR No. 158/2024 registered at Police Station Pisangan, District Ajmer shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial [2025:RJ-JP:8772] (3 of 3) [CRLMB-15848/2024] Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /20