[2025:RJ-JP:51104] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 16608/2025 Harish Kumar S/o Suresh Kumar, R/o Kudayala, Police Station Ramganjmandi, District Kota (Rajasthan) (Presently Confined In Sub Jail, Ramganjmandi). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dinesh Kumar Garg For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/12/2025 1. Instant second bail application under Section 483 of BNSS is filed by the applicant-accused Harish Kumar S/o Suresh Kumar, seeking bail in respect of a criminal case registered as FIR No. 83/2025 dated 03.03.2025 registered at P.S. Ramganjmandi, District-Kota, for the offence under Sections 103(1) and 3(5) 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. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2025:RJ-JP:51104] (2 of 5) [CRLMB-16608/2025] 3. Learned counsel for petitioner submits that the petitioner was neither named in FIR nor named by complainant in his statement recorded by police. He further submitted that while considering bail application on 24.09.2025, this Hon’ble Court has directed recording of statement of Narendra and Chetan on priority basis. He also submitted that now both the witnesses were examined by the trial court and nothing came to implicate present petitioner. He also submitted that the petitioner is in custody since his arrest on 05.03.2025. He further referred cross-examination of PW-1 Narendra and submitted that after the incident deceased went to his home where he had tea and only after some time when he developed some unconsciousness then he was taken to hospital. He also referred post-mortem report and submitted that few ante-mortem injuries were found on non-vital parts on body of deceased but the medical board has not opined about cause of death. He also referred FSL report and submitted that nothing is on record to explain reasons of death of deceased. At last, he submitted that there is no material evidence except PW-1 and PW-2. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He also submitted that a pipe has been recovered at the instance of present petitioner. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. [2025:RJ-JP:51104] (3 of 5) [CRLMB-16608/2025] 6. First bail application of present petitioner was dismissed on 24.09.2025 wherein we have observed as under: “On basis of a report lodged by Narendra in the night of 03.03.2025 about incident of evening of 02.03.2025, a report is registered and during investigation present applicant-accused was arrested on basis of evidence and charge-sheet is filed against him. The police has not found involvement of Banwari, Ramesh Meena and Vikky and others as mentioned in FIR or in statement of complainant and his brother. We have considered post mortem report as referred by learned counsel particularly 4-5 injuries as mentioned in the report which were on the non-vital parts. We have also considered additional remark in column No.8 of Part-A of PMR mentioned by Board of Doctors. The cause of death is reserved. The complainant and his brother made allegation upon present applicant and also on others but some other witnesses of vicinity of crime scene have not supported involvement of any other person except present applicant.” 7. Now, the statement of PW-1 Narendra who is complainant and brother of deceased and PW-2 Chetan Kumar who is also brother of deceased were recorded by the trial court and we have taken note of the statement of both the witnesses. The post-mortem indicate that five ante-mortem injuries were found on non-vital part of the body of deceased. Moreover, there is no opinion about cause of death as same is reserved till report of FSL and histopathology. The report of FSL is not helpful in drawing a conclusion about death of deceased. The medical board has noticed in para no.8 of the report of PMR that deceased came to home after the assault and drank tea and had smoking after which he had vomiting and felt unconscious then he was brought to hospital. We have [2025:RJ-JP:51104] (4 of 5) [CRLMB-16608/2025] considered cross-examination of PW-1 and PW-2 in particular about the circumstances where involvement of present petitioner is referred. It is not possible to express any opinion about the truthfulness of the allegation on the basis of evidence of both the witnesses. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 9. Thus, the second bail application filed on behalf of applicant- accused Harish Kumar S/o Suresh Kumar, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. [2025:RJ-JP:51104] (5 of 5) [CRLMB-16608/2025] (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /74