[2025:RJ-JP:44520] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 13770/2025 Chetan Verma S/o Madanlal, Aged About 22 Years, R/o Raigro Ka Mohalla, Ward No. 9, Kasba Jamwa Ramgarh, Thana Jamwa Ramgarh, Dist. Jaipur Rajasthan. (At Present Confined In District Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Hemant Vijay For Respondent(s) : Mr. Ram Prasad Sharma Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/11/2025 1. The second bail application under Section 483 of BNSS is filed by the applicant-accused Chetan Verma S/o Madanlal seeking bail in respect of a criminal case registered as FIR No.187/2023 dated 28.08.2023 registered at P.S. Jamwa Ramgarh, District – Jaipur Rural, for the offence under Sections 302 IPC and 3(2)(va) of SC/ST (POA) Act. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not [2025:RJ-JP:44520] (2 of 4) [CRLMB-13770/2025] have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that first bail application of petitioner was dismissed as withdrawn with liberty to file after concluding cross-examination of PW-2 Purshottam. He further submitted that statement of PW-2 has been concluded and from the evidence on record, it is apparent that present petitioner is not involved in the incident. He also submitted that as per evidence on record, the animosity was between Harsh Barolia and deceased Ramji Lal and as a result of this animosity, Harsh Barolia has stabbed with a glass bottle 15-16 times through the number of injuries are 9 as compared to allegations in the oral statement. He further submitted that the material on record clearly indicates that the salesman at the liquor shop has not identified the present petitioner. He also submitted that there is no evidence to suggest the involvement of the present petitioner in the incident. He further referred to the evidence recorded by the police and submitted that the petitioner had left the crime scene before the incident and was not aware about the alleged assault by Harsh Barolia. He also submitted that there is no eyewitness to show that the present petitioner had assisted Harsh Barolia in any manner in assaulting Ramji Lal. He further submitted that no recovery has been effected from the present petitioner and even the CCTV footage does not indicate the involvement of the present petitioner. He further submitted that the present [2025:RJ-JP:44520] (3 of 4) [CRLMB-13770/2025] petitioner has been in custody since his arrest on 28.08.2023. 4. Learned Public Prosecutor and learned counsel for complainant have vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. Learned Public Prosecutor submitted the report received from Police Station Jamwa Ramgarh. Learned counsel for the complainant, while referring to the police report, submitted that the present petitioner was one of the assailants who was present at the spot and had actively participated in the incident, as the deceased was assaulted with a broken glass bottle. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 28.08.2023, Mahesh, the son of deceased Ramji Lal, lodged a report alleging that in the evening of 27.08.2023, his father was found dead with his neck slit. The complainant named Dharamveer @ Deepak, Harsh, and Chetan Verma for the commission of the murder of his father. After investigation, the police filed charges against Harsh, Chetan, and Dharamveer. The material on record indicates that, till date, three witnesses have been examined — PW1 Mahesh, PW2 Purushottam, and PW3 Mohan. We have considered the statements of all three witnesses. The CCTV footage was analyzed by the police, and the documents indicated that due to a light failure, nothing was recorded; however, the deceased Ramji Lal was seen arriving with three boys to [2025:RJ-JP:44520] (4 of 4) [CRLMB-13770/2025] purchase liquor. The evidence on record suggests that Harsh brutally assaulted the deceased in the presence of Chetan Verma and Dharamveer. The police investigation further indicates that even Chetan Verma assaulted the deceased with a broken glass bottle. 7. The police also collected fingerprints from the crime scene as well as from the bottle. A seizure memo dated 28.08.2023 indicates that the shirt and jeans recovered from the present petitioner by the police contained blood stains. The record further reveals that there were nine injuries on the deceased, and the conclusion drawn by the police suggests that 15–16 blows were inflicted on the neck of the deceased. The act is not only gruesome but also brutal in nature. 8. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 9. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 10. Accordingly, the second application for bail filed under Section 483 of BNSS preferred by Chetan Verma S/o Madanlal is hereby dismissed. (ASHOK KUMAR JAIN),J PREETI VALECHA /292