[2025:RJ-JP:41022] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 10817/2025 Mal Singh S/o Sumer Singh, Aged About 48 Years, R/o Nayabas Currently Khata Chowk, Jobner, Police Thana Jobner, District Jaipur (Presently Accused Petitioner Is Confined In Sub District Jail, Jaipur). ----Accused/Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant : Mr. Deepak Chauhan, Adv. with Mr. Harsh Joshi, Adv. & Mr. Anirudh Singh Rathore, Adv. For Respondent : Mr. Devi Singh, Dy.G.A. Mr. Jagdish Nagar, Adv. (for the complainant) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 09/10/2025 1. The first bail application filed on behalf of the accused-applicant has been dismissed as withdrawn with liberty to the petitioner to file afresh after recording of evidence of Doctors, who conducted autopsy/postmortem of the deceased, vide order dated 14.07.2025 passed by this Court in S.B. Criminal Miscellaneous Bail Application No.11690/2024. 2. This second bail application has been filed by the accused-applicant under Section 483 of B.N.S.S., 2023 in connection with FIR No.266/2024, registered at Police Station Jobner, Jaipur (Rural) for the offence punishable under Section 109(2) of B.N.S., 2023 and Section 3/25 of the Arms Act, 1959. [2025:RJ-JP:41022] (2 of 5) [CRLMB-10817/2025] 3. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. Learned counsel also submits that in this matter, alleged incident is said to have occurred on 19.07.2024 whereby the deceased suffered gun-shot injuries, for which he was admitted in the hospital and was discharged from the hospital on 27.07.2024 in a stable condition. Learned counsel contends that the deceased expired on 04.10.2024 i.e. after almost two and a half month of the alleged gun-shot injury. Learned counsel further contends that the alleged gun-shot injury caused to the deceased is not the direct cause of death and also, in the postmortem report, the opinion with regard to cause of death of the deceased was kept reserved, till results of FSL Report and Histopathology Report are received, for which various samples were sent to FSL. 4. Learned counsel for the accused-applicant argues that as per Histopathology Report, the deceased was found suffering from various serious chronic kidney disease and as per the statements of Doctors, the cause of death was 'Septicemic Shock' occurred due to gun-shot injuries to the deceased. Learned counsel also argues that Doctors i.e. PW-5 and PW-6 have admitted in their statements that the deceased was suffering from chronic diseases, thus, there was a possibility that the cause of death of the deceased may be, because of 'Pyelonephritis Infection', therefore, in this background of Histopathology Report and the said statements of Doctors, the gun-shot injuries caused to the deceased were not sole reason of his death and his death has [2025:RJ-JP:41022] (3 of 5) [CRLMB-10817/2025] been caused due to 'Septicemic Shock' which was due to serious ailments and chronic kidney diseases. 5. Learned counsel for the accused-applicant prays that the accused-applicant was arrested on 24.07.2024 and since then, he is behind the bars and trial is likely to take long time to conclude, therefore, the accused-applicant be granted benefit of bail. 6. In support of his contentions, learned counsel for the accused-applicant places reliance upon the judgments passed by the Hon'ble Apex Court in the following cases:- • Prabhakar Tewari Vs. State of UP & Anr. (Criminal Appeal No.152/2020) decided on 24.01.2020; • B.N.Kavatakar & Anr. Vs. State of Karnataka reported in 1994 Supp. (1) SCC 304 & • Sanjay Vs. State of Uttar Pradesh reported in (2016) 3 SCC 62. 7. On the other hand, learned counsel appearing on behalf of the State and learned counsel appearing on behalf of the complainant while vehemently opposing this bail application, submit that as per the statements of the deceased recorded under Section 164 of Cr.P.C., the accused-applicant is the person, who caused gun-shot injuries to the deceased. Therefore, there is no doubt that firstly, cause of death of the deceased is gun-shot injuries and secondly, there were 3 gun-shot injuries attributed to the deceased whereas, one bullet was taken out of his body, however, two bullets remained in the body of the deceased, which caused 'Septicemic Shock', therefore, it cannot be said that the gun-shot injuries was not direct cause of death of the deceased. [2025:RJ-JP:41022] (4 of 5) [CRLMB-10817/2025] Learned counsel also submit that charges levelled against the accused-applicant are serious in nature and there are 8 other criminal cases pending against the accused-applicant, therefore, the accused-applicant should not be enlarged on bail. 8. Heard learned counsel for the parties and also perused the material available on record. 9. It is an admitted position of the case in hand that though, the deceased has suffered gun-shot injuries in his abdomen area on 19.07.2024, however, he has expired after almost two and a half month i.e. on 04.10.2024. As per the case summary dated 24.07.2024, the deceased was shifted from ICU to ward in a stable condition and on 27.07.2024, he was discharged from the Hospital in a stable condition. Cause of death of the deceased was not ascertained even after postmortem and opinion with regard to his death was kept reserved till results of FSL Report and Histopathology Report are received, for which various samples were sent to FSL. As per the statements recorded during trial, the Doctors on the basis of Histopathology Report have opined that the cause of death of the deceased was 'Septicemic Shock', due to gun-shot injuries. 10. Considering the overall facts and circumstances of the case, looking to the period of custody of the accused-applicant; the judgments passed by the Hon’ble Apex Court in the cases of Prabhakar Tewari (supra), B.N. Kavatakar (supra) and Sanjay (supra); charge-sheet has already been filed and the trial is likely to take long time to conclude, but without expressing any opinion [2025:RJ-JP:41022] (5 of 5) [CRLMB-10817/2025] on the merits/demerits of the case, this Court deems it proper to allow this second bail application filed by the accused-applicant. 11. Consequently, this second bail application filed under Section 483 of the B.N.S.S., 2023 is allowed. It is ordered that accused-applicant Mal Singh S/o Sumer Singh, arrested in connection with FIR No.266/2024, registered at Police Station Jobner, Jaipur (Rural) shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /02