[2025:RJ-JP:46597] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1286/2025 Harimohan Meena S/o Sh. Banshilal Meena, Aged About 24 Years, R/o Village Gudha Bairsal, Police Station Maujamabad, District Dudu (Rajasthan). (At Present Confined In Central Jail Jaipur) ----Accused-Applicant Versus The State Of Rajasthan, Through PP ----Non-Applicant Connected With S.B. Criminal Miscellaneous Bail Application No. 5080/2025 Manoj Nehra Kumawat S/o Gulab Chand Nehra, Aged About 24 Years, R/o Nehro Ki Dhani Gudhha Bairsal, Thana Mojmabad, District Dudu. (Presently Confined In Central Jaipur). ----Accused-Applicant Versus The State Of Rajasthan, Through PP ----Non-Applicant For Applicant(s) : Mr. Rajendra Singh Raghav Mr. Anish Bhadala For Non-Applicant(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SAMEER JAIN Judgment 19/11/2025 1. The instant bail applications have been filed under Section 483 BNSS on behalf of accused-applicants. The accused-applicants were arrested in connection with FIR No. 593/2024 registered at Police Station Bagru District Jaipur (West) for the offence(s) under Section 103(1) of BNS, 2023. [2025:RJ-JP:46597] (2 of 3) [CRLMB-1286/2025] 2. Learned counsel for the accused-applicants have submitted that applicants are sole bread earners of the family and are aged approximately 25 years. It is submitted that applicants are in custody ever-since 14.12.2024 and that challan has been filed. Nevertheless, there is no recovery of any oil/petrol container to substantiate the story of prosecution. It is further submitted that as per the provisions of Section 85 of IPC /23 of the BNS, if any person is intoxicated, the evidence cannot be read against him. It is submitted that it is also a fact that the deceased and the applicants were enjoying bonfire in winter season, thence it cannot be made out that it was an intentional attempt. It is also submitted that Harimohan Meena is having no criminal antecedent whereas the Manoj Nehra Kumawat is having two criminal antecedents registered against him. It is lastly submitted that panchnama is not supporting the story of prosecution. 3. Per contra, learned Public Prosecutor has strongly opposed the instant bail application. It is submitted that the offence alleged is heinous in nature and that the FIR as well as the witness Narayan, who has recorded the last version of deceased has specifically said that both the applicants have set the victim- deceased to fire, by putting oil. 4. Having heard the arguments advanced by learned counsel of the parties and considering the fact that the matter at hand is of heinous nature; that the witness has given categorical statement against the applicants, and considering the overall facts and circumstances, this Court is not inclined to enlarge the accused- applicants on bail at this stage. [2025:RJ-JP:46597] (3 of 3) [CRLMB-1286/2025] 5. Accordingly, the present bail applications are dismissed at this stage. 6. A copy of this order be placed in the connected application. (SAMEER JAIN),J DEEPAK/3-4