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2026 DAILYLAW 19388 (RAJ)

MANOJ KUMAR S/O SHRI SHISHRAM v. STATE OF RAJASTHAN

CRLMB/14257/2025 · 2026-01-08

Ganesh Ram Meena

body2026

Judgment text

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[2026:RJ-JP:506] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14257/2025 Manoj Kumar S/o Shri Shishram, Aged About 33 Years, R/o Chavsari, Police Station Gudha Gorji, District Jhunjhunu (Rajasthan) (At Present Accused Confined In Central Jail Jhunjhunu). ----Petitioner Versus State of Rajasthan, through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Rahul Agrawal For Respondent(s) : Ms. Aarti Sharma, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 08/01/2026 1. This bail application has been filed by the accused petitioner u/S 483 BNSS in connection with FIR No. 560/2024 registered at Police Station Guda, District Jhunjhunu for offence punishable u/S 103(1) of BNS. 2. Learned counsel for the accused petitioner submits that several material witnesses have been examined by the trial Court. He also submits that after considering the evidence of the material witnesses who have been examined before the trial Court, the Co- ordinate Bench of this Court, vide order dated 18.11.2025 has extended the benefit of bail to the co-accused Jitendra Kumar in SBCRLMB No. 14424/2025. He further submits that the case of the present petitioner is in no manner distinguishable from the case of the co-accused who has been enlarged on bail. He also [2026:RJ-JP:506] (2 of 3) [CRLMB-14257/2025] submits that the accused petitioner is in custody since 15.11.2024. 3. Learned Public Prosecutor vehemently opposed the bail application. 4. The Co-ordinate Bench of this Court, while extending the benefit of bail to the co-accused Jitendra Kumar, observed as under:- "6. The complainant Kishore has lodged a report on 14.11.2024 at PS Gudha, District Jhunjhunu for recovery of dead body of his brother Sunil, who suspected murder. After registration of a report as FIR No.560/2024 on 14.11.2024 under Section 103(1) of BNS, the police has investigated the matter. During investigation, the police has found involvement of Jitendra Kumar and Manoj Kumar and arrested them on 15.11.2024, On basis of investigation, filed a charge- sheet under Section 103(1) and 3(5) of BNS against both. After framing the charge, 12 witnesses were examined by the prosecution before the trial Court. One of the material witness is Subhash Kalyan, examined as PW-10 and he turned hostile and not supported the case of prosecution. The statement of PW-4 Dinesh Kumar who was member of the Board who conducted post-mortem of deceased indicate that there were 12 injures upon body of deceased. The salesman at liquor shop PW-6 Ganesh Singh has also turned hostile and he has not supported the case of prosecution. The complainant PW-7 Kishore Kumar has suspected involvement of present petitioner and Manoj Kumar but he is not an eye-witnesses. The cross- examination of PW-2 Sunil and PW-3 Shardul Singh suggest that Kishore has informed them that deceased has expired due to injuries in accident." 5. Learned Public Prosecutor could not point out any distinguishing feature in the case of the present accused petitioner from the case of Jitendra Kumar who has been enlarged on bail. [2026:RJ-JP:506] (3 of 3) [CRLMB-14257/2025] 6. Taking into consideration the overall facts and circumstances of the case and so also to maintain the parity, this Court, without expressing any opinion on merits/demerits of the case, deems just and proper to enlarge the accused petitioner on bail. 7. Accordingly, this bail application is allowed and it is directed that accused-petitioner shall be released on bail provided that he furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the Trial Court with the stipulation that he shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. (GANESH RAM MEENA),J Gaurav Srivastava /90