HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13167/2025 Kuldeep S/o Shri Bhanwar Singh, aged About 45 Years, R/o Uchhain, Presently R/o Neemda Gate, Police Station Atalbandh, Bharatpur. (At Present Confined In Central Jail Sewar, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajeev Kumar Sogarwal For Respondent(s) : Mr. Amit Gupta-PP Mr. Anurodh Chaturvedi JUSTICE ANOOP KUMAR DHAND Order 17/10/2025 1. This bail application under Section 483 B.N.S.S. has been filed by the petitioner in connection with the FIR No. 13/2016 registered at Police Station Kotwali Bharatpur, District Bharatpur wherein he has been charged for the offence punishable under Sections 302 of IPC. 2. Counsel for the petitioner submits that the investigation was conducted thrice by three different Investigating Officers but no role could be proven against the petitioner, hence a Negative Final Report was submitted. Counsel submits that on a protest submitted by the complainant, cognizance has been taken against the petitioner under Section 302 IPC and the petitioner was summoned through arrest warrants and in compliance of the same, the petitioner was arrested and he is in custody. Counsel (2 of 3) [CRLMB-13167/2025] further submits that the instant case is a case where no direct evidence has been adduced and in the circumstances, the deceased might have expired due to drowning in the water after consuming liquor. Counsel submits that trial will take its own time to conclude, therefore indulgence of bail be granted to the petitioner. 3. Per contra, learned Public Prosecutor as well as counsel for the complainant opposed the bail application and submitted that the theory of consuming the liquor has not been proven when viscera of the deceased were examined by the Forensic Science Laboratory. Counsel submits that a presumption was raised and cognizance has been taken for the offence under Section 302 IPC and consequently, the petitioner was summoned through arrest warrant, hence the petitioner does not deserve any indulgence of bail. 4 Heard and considered the submissions made at Bar and perused the material available on record. 5. Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that the investigation was conducted thrice by the three different Investigating Officers but the involvement of the petitioner was not found and accordingly, Negative Final Report has been submitted and now on the basis of protest, cognizance has been taken against the petitioner on the basis of FSL report and also considering the fact that the petitioner has been in custody since the date of his arrest and trial will take its own time to conclude, without expressing any opinion on the merits and demerits of the (3 of 3) [CRLMB-13167/2025] case, this Court deems it just and appropriate to grant indulgence of bail to the petitioner under Section 483 BNSS. 6. Accordingly, this bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner-Kuldeep S/o Shri Bhanwar Singh arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing, as and when called upon to do so. (ANOOP KUMAR DHAND),J Ashu/237