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2026 DAILYLAW 2468 (RAJ)

DINESH S/O OMPRAKASH @ AMILAL v. STATE OF RAJASTHAN

CRLMB/2068/2026 · 2026-04-18

Ganesh Ram Meena

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:16398] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2068/2026 1. Dinesh S/o Omprakash @ Amilal, Aged About 22 Years, R/o Alavada, Police Station Ramgarh, District Alwar (Rajasthan) (Currently In Central Jail Bharatpur). 2. Bhuvnesh S/o Omprakash @ Amilal, Aged About 24 Years, R/o Alavada, Police Station Ramgarh, District Alwar (Rajasthan) (Currently In Central Jail Bharatpur). ----Petitioners Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Harendra Singh with Mr. Shivam Sharma For Respondent(s) : Mr. Shree Ram Dhakad, Public Prosecutor Mr. Vikram Singh Chauhan for complainant HON'BLE MR. JUSTICE GANESH RAM MEENA Order 18/04/2026 1. The instant bail application has been filed under Section 483 of BNSS, 2023 on behalf of accused-petitioners in connection with FIR No.113/2025 registered at Police Station Kaithwara, District Deeg for the offences under Sections 115(2), 126(2), 103(1), 352, 333 and 3(5) of BNS, 2023. 2. Learned counsel for the accused-petitioners submits that as per the evidence collected during investigation, no specific overt act has been assigned to the present accused-petitioners as regards fatal injury. He further submits that the alleged incident has taken place all of sudden because of some hot talks through [2026:RJ-JP:16398] (2 of 3) [CRLMB-2068/2026] telephonic conversation. It is also submitted by counsel for the petitioners that as per the post-mortem report, the cause of death is hemorrhagic shock due to laceration of Liver right lobe and that injury has not specifically been attributed to the accused- petitioners. 3. Learned counsel further submits that the co-accused, namely Omprakash @ Amilal has already been enlarged on bail by the Co- ordinate Bench of this Court vide order dated 27.01.2026 in S.B. Criminal Misc. Bail Application NO.15271/2025 and the case of the present accused-petitioner is in no manner distinguishable from the case of the co-accused who has been enlarged on bail. He also submits that the Police after completion of investigation has already submitted charge-sheet in the matter and the accused- petitioners are in custody since long. Therefore, he may be released on bail. 4. Learned Public Prosecutor assisted by counsel for the complainant vehemently opposed the bail application. Learned counsel appearing for the complainant submits that in the statement of Hanso Devi recorded under Section 180 of BNSS, there is specific allegation against the accused-petitioner No.2, Bhuwnesh for causing injury to the deceased. 5. Considered the submissions made by counsel for the petitioners as well as learned Public Prosecutor assisted by counsel for the complainant and also perused the challan papers including statements of the witnesses recorded under Section 183 of BNSS. 6. In the statement of the material witnesses, namely, Ravindra Kumar and Hanso Devi recorded under Section 183 of BNSS and [2026:RJ-JP:16398] (3 of 3) [CRLMB-2068/2026] Pinky Rani recorded under Section 180 of BNSS, this Court finds that there are general allegation against all the accused and no overt act has been assigned to any particular accused. 7. Taking into consideration overall facts and circumstances of the case and so also to maintain parity as the co-accused, namely, Omprakash @ Amilal has already been enlarged on bail, this Court without expressing any opinion on the merits or demerits of the case, deems just and proper to enlarge the accused-petitioners on bail. 8. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioners named above shall be enlarged on bail provided, each of them furnish a personal bond in the sum of Rs.1,00,000/- together with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (GANESH RAM MEENA),J Ashish Kumar /16