[2025:RJ-JP:39313] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5459/2025 Jaipal @ Monu S/o Sh. Bahadur Singh, R/o Darbarpur, Police Station Mundawar, District Khairthal Tijara (At Present Confined In Sub Jail Kishangarhbas District Alwar). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Manjeet Kumar For Respondent(s) : Ms. Arti Sharma, PP None present for complainant Mr. Mahaveer Singh, SI, SHO, PS Mundawar, District Khairthal Tizara, Present in person HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 18/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Jaipal @ Monu S/o Sh. Bahadur Singh, seeking bail in respect of a criminal case registered as FIR No.619/2024 dated 23.12.2024 registered at P.S. Mundawar, District – Kairthal Tizara, for the offence under Section 103(1) of BNS. 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:39313] (2 of 4) [CRLMB-5459/2025] 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 the petitioner submits that father of deceased has lodged a report on 23.12.2024 against unknown persons for murder of his son Nitesh Kumar. He further submits that the incident is of 22.12.2024 but the report is registered on 23.12.2024 and it indicate that for last 18 months, complainant was not having any contact with his deceased son. He further referred statement of complainant Naresh Kumar recorded under Section 180 of BNSS and submitted that even in his statement he did not raise any doubt on anyone. He also referred statement of Dependra @ Golu and Shishpal recorded on 26.01.2025 and submitted that deceased alone has visited their place soon before the death and he was in drunkard condition. He also submits that the police has also recorded statement of Neeraj who was friend of deceased and his evidence clearly suggest that deceased was a habitual drunker. He further referred recovery memo prepared by police on 22.12.2024, which indicate that ₹26/- were found in the pocket of deceased whereas in conclusion drawn by police, the motive behind murder was money for purchase of liquor to be consumed by deceased and the present petitioner. He submits that the motive behind murder, suggested by police is clearly contradicted from the memo of recovery. He further referred call details (CDR) as analyzed by police and submitted that even the present petitioner is not found near [2025:RJ-JP:39313] (3 of 4) [CRLMB-5459/2025] the crime scene from location of mobile phone and he was not the reason behind murder of deceased. He further referred the personal enmity of deceased with his in-laws and submitted that there was an ongoing litigation against the deceased. At last, he submitted that the case rest upon circumstantial evidence and there is no link available on record to connect the present petitioner accused with death of the deceased. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. None present for the complainant. 6. Investigating Officer Mr. Mahaveer Singh, SI, SHO, PS Mundawar, District Khairthal Tizara, is present in person and in pursuant to order dated 21.08.2025, he has apprised the Court about the call details of petitioner accused. 7. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 8. On basis of a report lodged by complainant Naresh Kumar (father of deceased) on 23.12.2024 about murder of his son and recovery of dead body in suspicious circumstances on 22.12.2024, a criminal case is registered against unknown person. The statement of Naresh Kumar is recorded on 23.12.2024 wherein also he has not suspected anyone. Police has recorded statement of Neeraj Kumar which indicate that the deceased was in company of Jaipal (present petitioner). During investigation, police has came to know [2025:RJ-JP:39313] (4 of 4) [CRLMB-5459/2025] that the deceased Nitesh Kumar and the present petitioner Jaipal are living in one room at Bawal and after recovery of dead body of decased Nitesh, the present petitioner went missing and his tower locations indicated that on 24.11.2024 and onward his mobile was switched off and on 22.12.2024 it was in Bawal and thereafter Ngli Rajpur (New Delhi). The tower location further indicated Bina and Hydrabad. The statement of Vinod Kumar (landlord) also indicate that Nitesh and Jaipal were living in one room. A forensic report is also placed on record. The petitioner accused is only person who has been chargesheeted by police. 9. 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. 10. 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. 11. Accordingly, the application for bail filed under Section 483 of BNSS preferred by the applicant-accused Jaipal @ Monu S/o Sh. Bahadur Singh is hereby dismissed. (ASHOK KUMAR JAIN),J MR/68