[2025:RJ-JP:7864] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15864/2024 Netram S/o Shri Shivram, Aged About 34 Years, R/o Dhani Gopala Tan Ladka Bas Pragpura, District Kotputali-Behror, Rajasthan. (At Present Confined In Sub Jail, Kotputli) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 16287/2024 Pintu @ Banti S/o Shri Suvalal, R/o Khelna, Presently Bawdi, Police Station Pragpura, District Kotputli-Behror, (Rajasthan) (Presently Confined In Sub Jail, Kotputli) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Tanmay Dhand Mr. R.P. Garg for Mr. Vikram Yadav For Respondent(s) For Complainant(s) : : Ms. Arti Sharma, PP Mr. Umesh Vyas Mr. Narsingh Lal Saini HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/02/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.178/2024 registered at Police Station Bhabru, District Kotputli-Behror (Rajasthan) for the offences punishable under Sections 189(2), 140(3), 310(2) & 103(1) of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023. Later on, police filed charge- sheet in this matter for the offences punishable under Sections 140(3), 103(1) & 3(5) of BNS, 2023. [2025:RJ-JP:7864] (2 of 3) [CRLMB-15864/2024] 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. It is submitted that admittedly alleged incident took place on 10.09.2024 while matter was reported to the police after the injured person namely- Sunil Kumar Saini passed away on 12.09.2024. Counsel submits that medical reports including post-mortem report of the deceased is available on record which shows that no external or internal injury was found on the person of the deceased except one abrasion on the neck. According to the Sonography report conducted on 10.09.2024, most of the internal organs were found normal except urinary bladder which was found partially distended. It is submitted that deceased was operated and he passed away after surgery and reason for his surgery is not known, therefore, possibility that death occurred on account of medical negligence cannot be ruled out. According to post-mortem report, cause of death is septic shock due to blunt abdominal trauma with duodenal perforation. It is submitted that admittedly, it is a case where no weapons were used by the accused persons and maximum allegation against them is that they caused injury on the person of the deceased by punching him. There are no criminal antecedents against the petitioners. Charge-sheet has been filed and trial will take considerable time in its conclusion. Petitioners are in custody since 15.09.2024 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioners. Counsel for the complainant submit that deceased sustained internal injury for which he was operated and he passed away after surgery. It is submitted that there is specific allegation [2025:RJ-JP:7864] (3 of 3) [CRLMB-15864/2024] against the petitioners that they caused injury on the person of the deceased by punching him. 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 considering the material made available in the form of charge-sheet, medical history of the deceased; trial will take considerable time in its conclusion; absence of criminal antecedents against the petitioners as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 6. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Netram S/o Shri Shivram & (2) Pintu @ Banti S/o Shri Suvalal 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 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 herein above is only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /442-443