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2025 DAILYLAW 6668 (RAJ)

BABULAL S/O SHRI RAMSWAROOP v. STATE OF RAJASTHAN

CRLMB/2106/2025 · 2025-09-04

Anil Kumar Upman

body2025

Judgment text

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[2025:RJ-JP:35438] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2106/2025 Babulal S/o Shri Ramswaroop, Aged About 28 Years, R/o Golpur, P.s. Bonli, District Sawaimadhopur (At Present Confined In District Jail Tonk) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Krishan Kant Sharma with Ms. Chhavi Chaturvedi For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Assistant GA HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/09/2025 1. The instant bail application under Section 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.145/2024 registered at Police Station Boli, District Sawai Madhopur for the offences punishable under Sections 302 and 323 of IPC. After completion of investigation, police filed charge-sheet in this matter. 2. Learned counsel for the petitioner submits that accused- petitioner has falsely been implicated in this case. It is submitted that accidental death of daughter of the complainant and petitioner has been converted into murder. It is submitted that complainant of this case has submitted an affidavit wherein she has admitted the fact that death of her daughter was accidental. It is contended that trial will take considerable time in its conclusion. [2025:RJ-JP:35438] (2 of 2) [CRLMB-2106/2025] Counsel submits that petitioner is in custody since 16.04.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the bail application and submits that complainant of this case has supported the prosecution case and in a very clear terms she has levelled allegations against the petitioner of commission of murder of her daughter. Counsel submits that said allegations are well supported by neighbors of the petitioner also. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced at bar, especially considering the material available on record in the form of charge-sheet including testimony of the complainant as well as statement of the neighbors recorded under Section 161 Cr.PC, so also considering the role attributed to the petitioner as well as looking to the nature and gravity of offence, this court is not inclined to enlarge the petitioner on bail. 6. Accordingly, this bail application stands dismissed. 7. The observations made hereinabove are only for disposal of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /29