[2025:RJ-JP:51155] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9356/2025 Sumer Singh @ Hanuman S/o Raisingh, Aged About 29 Years, R/o Choti Lank, Riwali, P.s. Bamanwas, District Sawai Madhopur (At Present Confined In Sub Jail Gangapur City). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. A.K. Gupta assisted by Mr. Gaurav Sharma, Mr. Rinesh Gupta, Mr. Surya Pratap Singh Chouhan, Mr. Sarwat Alam, Mr. Ashutosh Singh Naruka, Mr. Chandrakala Sahu, Mr. Pulkit Raj and Mr. Gorang Agarwal For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Rajneesh Gupta with Mr. Rahul Sharma HON'BLE MR. JUSTICE RAVI CHIRANIA Order 18/12/2025 1. The instant bail application filed under Section 483 BNSS by the applicant Sumer Singh @ Hanuman S/o Raisingh aged about 29 years, arrested by the police in connection with the FIR bearing No.199/2024 dated 18.08.2024 registered at Police Station Ba- manwas, District Gangapur City for the offence under Section 103(1) BNS, 2023. 2. Learned counsel for the applicant submits that the present case is purely based on circumstantial evidence in which three ac- cused persons namely Ramveer, Sumer Singh and Devilal were [2025:RJ-JP:51155] (2 of 4) [CRLMB-9356/2025] made accused and arrested by the police. Counsel further submits that the police after conducting the investigation has filed charge- sheet in this case. He further submits that co-accused Devilal has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 08.07.2025, wherein after discussing that the petitioner along with other persons, namely Devi Lal and Ramveer, was made accused only on the account of telephonic calls between them at the time of the alleged incident. Counsel submits that the present case is at par with the co-accused Dev- ilal, who had similar allegations and has been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 08.07.2025. Counsel further submits that after the grant of bail to the co-ac- cused Devilal, statement of material witness namely, Ajay Singh was recorded. Counsel further submits that the material witness PW-9 Ajay Singh Gurjar S/o Madan Singh, whose statement was recorded by the Trial Court, stated that he saw three accused per- sons together on the date of the alleged incident, however, he could not prove the presence of the deceased with the petitioner at that time. Counsel further submits that statements of PW-9 it- self are contrary, as his statement under Section 180 BNSS were recorded on 08.10.2024 and the FIR was registered on 18.08.2024. He submits that there is a serious delay in recording of the statements under Section 180 BNSS of the persons, who tried to prove the presence of the petitioner. In view of the above facts, he submits that the petitioner is behind the bar since 23.08.2024, the charge-sheet has been filed and the present case is based on circumstantial evidence, therefore, he may be en- [2025:RJ-JP:51155] (3 of 4) [CRLMB-9356/2025] larged on bail by this Court maintaining parity with the co-accused Devilal. 3. Per contra, counsel for the complainant as well as the learned Public Prosecutor strongly opposed the bail application on the ground that the presence of the three persons, namely Ramveer, Sumer and Devilal, is well proved on the basis of the in- vestigation and their call records including tower location. Both counsels jointly submits that the motive behind the alleged of- fence is that the deceased was aware of the relationship of the three accused persons with some girl of the village and therefore, he was murdered by the three persons as named by the police. Counsel further submits that from the present accused Sumer Singh, one lathi was recovered and therefore, his conduct is well proved. On the basis of above facts, both the counsels submit that the present petitioner is not entitled to be enlarged on bail by the Court. 4. This Court has considered the charge-sheet as filed by the police and the statements of material witnesses as recorded prior to and after the grant of bail to the co-accused Devilal vide order dated 08.07.2025 and noted that the present case is based on cir- cumstantial evidence and none of the witnesses was able to prove the presence of the present petitioner. As far as the recovery part is concerned, only a lathi has been recovered, however no blood stains were found in the FSL report. This Court examined the call records as well as the tower location, which could not prove the fact that the petitioner was involved in committing the alleged in- cident. This Court further considered the fact that the co-accused Devilal was granted bail only on the ground that merely on the ba- [2025:RJ-JP:51155] (4 of 4) [CRLMB-9356/2025] sis of the call records, the persons cannot be said to have commit- ted the alleged offence. 5. Without making any comments on the merits of the case and considering the fact that the petitioner is behind the bars ever since 23.08.2024 and that the statements of all material witnesses including father of the deceased and the material witness Ajay Singh, PW-9 have already been recorded and they failed to make any concrete statement against the present petitioner, though it was argued by the counsel for the complainant as well as the Pub- lic Prosecutor that the recovery of Kulhari was made from the per- son Ramveer whose bail is not before the Court. In view of above, this Court is inclined to enlarge the present petitioner on bail. 6. Accordingly, the bail application filed under Section 483 B.N.S.S. is allowed and it is directed that accused-applicant - Sumer Singh @ Hanuman S/o Raisingh shall be released on bail in connection with FIR No.199/2024 registered at Police Sta- tion – Gangapur City, District Bamanwas, provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and sol- vent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the comple- tion of the trial. (RAVI CHIRANIA),J KuD/Dushyant/19