[2026:RJ-JP:2670] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9521/2025 Jagdish S/o Ram Singh, Aged About 36 Years, R/o Bhojawas Thana Kanina District Mahendragarh Haryana. (At Present Accused Confined In Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9560/2025 Pooran S/o Gopiram, R/o- Banjara Basti Radi Wali Dhani Tan Bhangdoli Police Station Thanagaji, District Alwar. (Presently Confined In Central Jail Alwar, District Alwar, Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 10246/2025 Moharsingh S/o Nahnuram, Aged About 65 Years, R/o Banjara Basti Radi Wali Dhani Tan, Ps Thanagaji District Alwar (Raj.) (Accused Petitioner Is In Judicial Custody In Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Uday Shankar Acharya Mr. Anil Jain Mr. Uma Shankar Acharya Mr. Dushyant Jain Mr. Udit Sapra Mr. Koushal Bhardwaj Mr. Manish Gupta For Respondent(s) For Complainant(s) : : Mr. Vivek Choudhary, PP Mr. Gurvindra Singh [2026:RJ-JP:2670] (2 of 4) [CRLMB-9521/2025] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 21/01/2026 1. These instant bail applications have been filed under Section 483 of BNSS, on behalf of the petitioners, who have been arrested in connection with FIR No.85/2025 registered at Police Station Thanagazi, District Alwar for offences punishable under Sections 115(2), 126(2), 189(2) and 3(5) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this case for offences punishable under Sections 103(1), 115(2), 126(2) & 189(2) of the BNS, 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is contended that cross cases have been registered between the parties and both sides have sustained injuries. Counsel appearing on behalf of petitioner- Jagdish submits that petitioner is not named in the FIR and his name surfaced for the first time only upon the examination of the injured persons, namely Sardar, Lalluram and Rangad, under Section 180 of the BNSS. Learned counsel appearing on behalf of petitioners- Pooran and Moharsingh submit that a bare perusal of the FIR reveals that no specific allegation or role has been attributed to the petitioners. It is further submitted that even in the statements of the injured witnesses recorded under Section 180 of the BNSS, only omnibus allegations have been levelled against them. 3. Counsel submit that injury on the head of the deceased has been attributed to co-accused- Prithviraj @ Pratap. It is contended [2026:RJ-JP:2670] (3 of 4) [CRLMB-9521/2025] that there are no criminal antecedents against petitioners- Jagdish and Moharsingh whereas one other case has been registered against petitioner- Pooran for offences under Sections 323, 336 and 307 of IPC. Counsel submit that petitioner- Jagdish is in custody since 27.03.2025 and petitioners- Pooran and Moharsingh are in custody since 21.04.2025. It is submitted that petitioner- Moharsingh is an old man aged about 65 years and he is facing many health problems and petitioner- Pooran is a young boy aged about 22 years and further custody will ruin his life and career. Counsel thus, pray that these bail applications may be allowed. 4. Learned Public Prosecutor, assisted by learned counsel for the complainant, vehemently opposes the submissions advanced on behalf of the petitioners. It is submitted that the petitioners, along with the co-accused, allegedly inflicted beatings on the injured persons, namely Sardar, Lalluram, Rangad, and Kailash. During the course of treatment, Kailash succumbed to the injuries, while the other injured persons received treatment in hospital. According to the post-mortem report, sixteen injuries were noted on the person of the deceased, Kailash. It is further submitted that cause of death is cranio-cerebral damage brought about as a result of Ante-mortem head injury (injury No.1) which is sufficient to cause death in ordinary course of nature. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially considering the material available on record in the form of charge-sheet, as also the fact that fatal injury on the [2026:RJ-JP:2670] (4 of 4) [CRLMB-9521/2025] head of the deceased has been attributed to co-accused, Prithviraj @ Pratap and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 7. These bail applications are accordingly allowed and it is directed that accused-petitioners- 1. Jagdish S/o Ram Singh 2. Pooran S/o Gopiram and 3. Moharsingh S/o Nahnuram shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they 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. 8. The observations made hereinabove are only for decision of these bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /31-33