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2026 DAILYLAW 10668 (RAJ)

DEVILAL S/O BALCHAND v. STATE OF RAJASTHAN

CRLMB/10684/2026 · 2026-07-21

Pramil Kumar Mathur

body2026

Judgment text

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[2026:RJ-JP:28003] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10684/2026 URN: CRLMB / 19817U / 2026 Devilal S/o Balchand, Aged About 38 Years, R/o Banjara Mohalla Ghatoli Police Station Ghatoli District Jhalawar (Raj.) (At Present Confined In Sub District Jail, Aklera District Jhalawar (Raj.) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 21/07/2026 1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.35/2026 registered at Police Station Ghatoli, District Jhalawar for offences under Section 103(1) of BNS, 2023. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record. 3. Learned counsel for the petitioner contends that the petitioner has falsely been implicated in this case. The allegation levelled against the present petitioner is with regard to causing the death of his wife deceased-Kanyabai. However, after filing of the charge-sheet, the statements of the material witnesses and the complainant have been recorded, and they have not supported the prosecution case and have turned hostile. Anil Kumar (PW-1) who lodged the FIR along with Vinod (PW-5) brother of the deceased, Manoj (PW-6) son-in-law of the deceased and Ramesh (PW-7) neighbour of the deceased have not verified or supported the contents of the prosecution story and have been declared [2026:RJ-JP:28003] (2 of 2) [CRLMB-10684/2026] hostile. Further, other material witnesses, namely Sandeep (PW-2) and Rambabu (PW-3), have also not stated anything incriminating against the present petitioner and have turned hostile. Therefore, there is no material available on record to establish the involvement of the present petitioner or to corroborate the allegations levelled in the FIR. Petitioner is behind the bars since 01.02.2026 without any criminal past. Charge-sheet has already been filed. The trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, consequently, the bail application deserves to be allowed. 4. Learned Public Prosecutor has vehemently opposed the bail application. 5. On consideration of the rival submissions and material available on record and in light of submission made by learned counsel for the petitioner but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. 6. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner Devilal S/o Balchand, be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court on all subsequent dates of hearing till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Chandan/43