[2025:RJ-JP:34805] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9901/2025 Amar Dagar S/o Shri Kalulal, R/o Behind Sabji Mandi, Ramganjmandi, P.s. Ramganj Mandi, District Kota (Raj.) (At Present Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 10234/2025 Karan @ Kanha S/o Rajram, R/o Ramganjmandi, Police Station Ramganjmandi, District Kota (Rajasthan) (Presently Confined In Sub Jail, Ramganjmandi, District Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. M.I. Abbasi Mr. Dinesh Kumar Garg with Mr. A.S. Rathore For Respondent(s) : Mr. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/08/2025 1. These two applications for bail are filed under Section 483 of BNSS by the petitioners-accused Amar Dagar S/o Shri Kalulal and Karan @ Kanha S/o Rajram in FIR No.118/2025 dated 28.03.2025 registered at P.S. Ramganjmandi District – Kota Rural, whereby the petitioner-accused has charged under Sections 115(2), 126(2), 110, 3(5) of BNS. [2025:RJ-JP:34805] (2 of 5) [CRLMB-9901/2025] 2. Learned counsels for the petitioners submit that the petitioners are innocent and they were falsely implicated by police during investigation. They further submit that both the petitioners were neither present on spot nor any deadly blow is attributed upon any of the petitioners. They further submit that present petitioners were neither named in FIR nor their involvement is proved from any material on record. They further submit that during investigation, the story was twisted and name of these petitioners were brought or record by complainant. They further submit that after investigation, police has already filed a charge- sheet. 3. Learned counsels submit that one of the accused Mukesh Verma who was arrested on 06.04.2025 was released on bail by a Co-ordinate Bench of this Court on 29.07.2025 while relying upon statement of eye-witness recorded by police under Section 180 of BNSS. They further submit that accused Amar Dagar is in custody since 06.04.2025 and accused Karan @ Kanha is in custody since 06.04.2025 and they are seeking bail on ground of parity. They submit that after framing the charge, the trial will take time and keeping the petitioners behind bars would serve no purpose. 4. Learned counsel appearing on behalf of petitioner-accused Amar Dagar has referred version of FIR registered on next day and submitted that as per FIR, Karan @ Kanha was having knife and he inflicted injury upon Deepak. He further submits that neither present petitioner is named in FIR nor his role and involvement is mentioned by complainant Naveen in his report. He further referred the statement of Naveen and submitted that [2025:RJ-JP:34805] (3 of 5) [CRLMB-9901/2025] after 6 days of incident, he changed his version and alleged that Amar has inflicted knife blow to Deepak. He submit that this change of version is sufficient to discard the story of prosecution. 5. Learned counsel appearing on behalf of Karan @ Kanha submit that during investigation, statement of injured Deepak was recorded under Section 180 of BNSS and he clearly indicate that knife blow was inflected upon him by Amar. He also referred statement of Naveen recorded under Section 180 of BNSS and submitted that he also named Amar for inflicting deadly blow on deceased Deepak. At last he submitted that during investigation police has not found involvement of present petitioner and no recovery is effected from him. 6. Aforesaid contentions were opposed by learned Public Prosecutor. 7. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material placed on record. 8. On basis of report lodged by Naveen about incident of 27.03.2025 naming Kanha, Mukesh, Nikhil and others for assault upon Deepak and inflicting blow from knife by Kahna, the matter is registered and investigated. During investigation statement of injured Deepak was recorded under Section 180 of BNSS and complainant Naveen under Section 180 of BNSS. During treatment, injured Deepak has expired and on 03.04.2025 post mortem was conducted. During investigation, police has recorded statement of Deepak under Section 180 of BNSS but recorded statement of Naveen on 03.04.2025 after death of Deepak and [2025:RJ-JP:34805] (4 of 5) [CRLMB-9901/2025] Police has filed a charge-sheet against Amar Dagar, Mukesh Verma, Nikhil Yadav and Karan @ Kanha. 9. Accused Mukesh Verma was granted bail by the Co-ordinate Bench of this Court on 29.07.2025 in Bail Application No.6130/2025. Initially a report was registered by name against Karan @ Kanha and others with specific attribution of deadly injury upon Karan @ Kanha but during statement of injured Deepak under Section 180 of BNSS, he named Amar for deadly blow by knife. It appears that said statement is recorded when Deepak was admitted on bed No.10 in ICU of Medical College, Kota. The FIR was registered by Naveen and his statement was recorded only after death of Deepak and police has not recorded the statement of Naveen between 28.03.2025 to 03.04.2025. In his statement Naveen also named Amar for inflecting blow upon deceased Deepak. 10. Having considered the material available on record, the involvement of accused Karan @ Kanha is made in FIR whereas involvement of Amar came when statements of deceased and subscriber of FIR were recorded by police. 11. Considering the entirety of the facts and circumstances of the case, I am of the considered view that the petitioner-accused Karan @ Kanha and Amar were named as main assailant at different steps, therefore, they cannot seek parity with bail order of Mukesh. The doubts can be clear only after recording statement of complainant Naveen and police personnel who recorded statement of Deepak under Section 180 of BNSS. Thus, no case is made out to grant bail to any of the petitioners. [2025:RJ-JP:34805] (5 of 5) [CRLMB-9901/2025] 12. In view of the discussion made hereinabove, these bail applications preferred by the petitioners-accused Amar Dagar S/o Shri Kalulal and Karan @ Kanha S/o Rajram are hereby dismissed. 13. The trial Court is directed to record statements of complainant naveen and police personnel who recorded statement of Deepak, on priority basis. (ASHOK KUMAR JAIN),J MR/255-256