[2026:RJ-JP:3741] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 1343/2026 Karan @ Kanha S/o Rajaram, R/o Ramganjmandi, Police Station Ramganjmandi, District Kota (Rajasthan) (Presently Confined In Sub Jail, Ramganjmandi, District Kota). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dinesh Kumar Garg For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/01/2026 1. The second bail application under Section 483 of BNSS is filed by the applicant-accused Karan @ Kanha S/o Rajaram, seeking bail in respect of a criminal case registered as in FIR No.118/2025 dated 28.03.2025 registered at P.S. Ramganjmandi District – Kota Rural, whereby the petitioner-accused has charged under Sections 115(2), 126(2), 110, 3(5) of BNS. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the [2026:RJ-JP:3741] (2 of 5) [CRLMB-1343/2026] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel appearing for petitioner submitted that the first bail application of the present petitioner was dismissed on 18.08.2025, wherein this Hon’ble Court has observed about the statements of injured Deepak and complainant Naveen. He further submitted that injured Deepak succumbed to injuries on 03.04.2025. His statement was recorded under Section 180 of BNSS by PW-1 Mangilal. He also submitted that in his statement, the deceased has named Amar as the person who assaulted the deceased with a knife. He also submitted that the complainant and eyewitness Naveen was also examined as PW-2. He has been declared hostile. He further referred to the material collected by the police and submitted that there is no allegation against the present petitioner, who is in custody since his arrest. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of report lodged by Naveen about incident of 27.03.2025 naming Kanha, Mukesh, Nikhil and others for assault upon Deepak and inflicting blow from knife by Kahna, the matter is registered and investigated. During investigation statement of injured Deepak was recorded [2026:RJ-JP:3741] (3 of 5) [CRLMB-1343/2026] under Section 180 of BNSS and complainant Naveen under Section 180 of BNSS. During treatment, injured Deepak has expired and on 03.04.2025 post mortem was conducted. During investigation, police has recorded statement of Deepak under Section 180 of BNSS but recorded statement of Naveen on 03.04.2025 after death of Deepak and Police has filed a charge-sheet against Amar Dagar, Mukesh Verma, Nikhil Yadav and Karan @ Kanha. 7. Complainant, who is eyewitness (Naveen Mewara) was examined as PW-2 before the trial court, but he was declared hostile and did not supported the case of the prosecution. The injured was taken to the hospital and his statement under Section 180 of BNSS was recorded by PW-1 Mangilal (the then ASI), and in his statement, he has stated that he recorded the statement of injured Deepak and in his statement Deepak has named Amar as the person who assaulted him with a knife. 8. The material on record indicates that accused Mukesh Verma was granted bail by a co-ordinate Bench of this Court on 29.07.2025. Initially, a report was registered against Karan @ Kanha and others with a specific attribution of assault upon Karan @ Kanha. But in the statement under Section 180 of BNSS, injured Deepak has named Amar for the deadly blow by knife. We have specifically observed shoddy investigation by the police, particularly when the injured was admitted to the hospital soon after the incident and expired [2026:RJ-JP:3741] (4 of 5) [CRLMB-1343/2026] on 3.4.2025, whereas the statement of Naveen was recorded after the death of Deepak. 9. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 10. Thus, the second bail application filed on behalf of applicant- accused Karan @ Kanha S/o Rajaram,, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. [2026:RJ-JP:3741] (5 of 5) [CRLMB-1343/2026] 11. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /3