[2025:RJ-JP:13383] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2199/2025 Kailash S/o Devkaran, Aged About 21 Years, R/o Shyopuri, P.s. Sadar Tonk, District Tonk (Raj.) (Accused/ Petitioner In District Jail Tonk) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Sandeep Jain For Respondent(s) : Ms. Arti Sharma, PP Mr. N.A. Naqvi, Sr. Advocate with Mr. Syed Adeel Naqvi HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 18/03/2025 1. This bail application under Section 483 of BNSS has been filed on behalf of the petitioner herein, who has been arrested in connection with FIR No.280/2024 registered at Police Station Sadar Tonk for offences punishable under Sections 189(2), 115(2), 126(2), 109(1), 351(3) BNS. After completion of investigation, chargesheet has been filed in the Court concerned. 2. Learned counsel representing the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He submits that as per the prosecution case, on 24.09.2024, Kailash, petitioner herein along with other co-accused Manraj, Pravina @ Balya, Ramghani and Jagdishi, armed with sariya, axes, hockey sticks etc. gave beatings to deceased Babulal due to which, he died. Learned counsel contends that omnibus allegations have been levelled against the petitioner. As a matter [2025:RJ-JP:13383] (2 of 3) [CRLMB-2199/2025] of fact, the deceased was suffering from dengue and he died due to the complications arose during treatment of dengue. But in order to falsely implicate the petitioner in this case, the present FIR has been lodged with false allegations. It is argued that the alleged incident was happened on 24.09.2024 whereas the deceased expired on 06.10.2024. It is contended that as per the PMR, the cause of death is dengue, DHS, septicemia with multiple injuries. He refers to the statement of Dr. Deepak Gupta, recorded under Section 180 BNSS and submits that the deceased was initially diagnosed by the said doctor. As per his statement, the deceased died due to the severe dengue hemorrhaging syndrom with MODS (multiple Organ Dysfunction Syndrome) and that the cause of death was not the injuries sustained to him. The petitioner does not have any criminal antecedents. Lastly, it is argued that investigation has been completed and charge sheet has been filed whereas trial will take long time in its conclusion and no fruitful purpose would be served by keeping the petitioner behind the bars for indefinite time. 3. Per contra, Ms. Arti Sharma, learned Public Prosecutor and Mr. N.A. Naqvi, learned senior counsel, assisted with Mr.Syed Adeel Naqvi representing the complainant have opposed the submissions made by the counsel for the petitioner. It is contended that the petitioner along with other assailants brutally beaten the deceased, which is apparent from the material available on record and therefore, the petitioner does not deserve indulgence of bail. The petitioner and other co-accused were having enmity with the deceased. 4. I have considered the contentions. [2025:RJ-JP:13383] (3 of 3) [CRLMB-2199/2025] 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties and the material made available before me including charge sheet and the medical documents and the statement of the concerned doctor as per which, the deceased died due to complications arose from dengue, with which, he was severely suffering; after completion of investigation, police has filed charge sheet, he is in custody since 11.10.2024; the petitioner does not have any criminal antecedents; conclusion of trial will take considerable time but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Kailash S/o Shri Devkaran shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observation made hereinabove is just for decision of this bail application and would not prejudice trial in any manner. (ANIL KUMAR UPMAN ), J GAUTAM JAIN /733