[2025:RJ-JD:20206]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 1564/2025

1. Raichand Ninama S/o Kanji, Aged About 48 Years, R/o Annpura, PS Ambapura, Dist. Banswara(Raj)

2. Pappu S/o Raichand, Aged About 26 Years, R/o Annpura, PS Ambapura, Dist. Banswara(Raj)

3. Ramesh S/o Virji, Aged About 45 Years, R/o Annpura, PS Ambapura, Dist. Banswara(Raj)

4. Raju S/o Shanker, Aged About 27 Years, R/o Annpura, PS Ambapura, Dist. Banswara(Raj)

5. Anil S/o Devchand, Aged About 34 Years, R/o Annpura , PS Ambapura, Dist. Banswara(Raj)

6. Mahesh S/o Hurmal, Aged About 34 Years, R/o Annpura, PS Ambapura, Dist. Banswara(Raj)

7. Prakash S/o Virji, Aged About 30 Years, R/o Annpura, PS Ambapura, Dist. Banswara(Raj)

(Presently Lodged In Jail Banswara)

----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Raghuveer Singh Bhati For Respondent(s) : Mr. Hathi Singh Jodha, PP HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI

Order

25/04/2025 This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioners who have been arrested in connection with F.I.R. No.263/2024 registered at Police Station Ambapura, District Banswara for offences under Sections 189(2), 329(3), 115(2), 352 & 103(2) of BNS.

Learned counsel for the petitioners does not want to press the bail application qua the accused petitioner No.1- Raichand and accused petitioner No.6- Mahesh, however, seeks liberty to file a fresh bail application by petitioner No.1- Raichand after recording the statement of Gautam and petitioner No.6- Mahesh after recording the statement of Kanakmal.

Accordingly, the bail application filed under Section 483 BNSS (439 Cr.P.C.) on behalf of petitioner No.1- Raichand and petitioner No.6- Mahesh is dismissed as not pressed with the liberty as prayed for.

Heard learned counsel for the petitioners and learned Public Prosecutor on the bail application qua petitioners Pappu, Ramesh, Raju, Anil and Prakash. Perused the material available on record.

Learned counsel for the petitioners submits that as per the story of the prosecution, on 31.10.2024 a written complaint has been filed by Vikas at Police Station Ambapura alleging therein that on 30.10.2024 at around 8 pm, when he heard screaming of his family members, he rushed and saw that accused persons viz. Pankaj, Prakash, Ramesh, Mahesh, Suresh, Sohan, Govind, Raichand, Pappu, Videsh, Nilesh, Raju, Kalu, Kanti, Diviya, Lakshmi, Lali, Sumi, Sugna, Anil and Jamna came to Gajendra’s house with sticks and rods in their hands and started abusing and beating Ritesh, Gautam, Paru, Kanakmal, Prabhu, Jagram, Vikas, Lasi, Yashpal, Meena, Rahul, Raju and Poonja and as a result of which, they received severe injuries on their bodies, head etc.

Learned counsel submits that as per the post-mortem report, the cause of death of deceased Ritesh is coma due to antemortem head and brain injuries, which is sufficient to cause death in the ordinary course of nature, however, as per the testimonies of injured Babli and Kanakmal, accused Pankaj had iron rod in his hand through which he hit on Ritesh’s head due to which he fell unconscious on the ground.

Learned counsel further submits that as per the injury report, the injuries caused to injured Kanakmal and Gautam are fatal to life, however, as per the testimony of the injured Kanakmal, accused Mahesh has beaten him due to which he suffered various injuries. Learned counsel further submits that as per the testimony given by injured Gautam, accused persons viz. Ramesh and Raichand hit him on his back as well as on his head due to which he fell unconscious. Learned counsel for the petitioners submits that the petitioners are in judicial custody since long and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-

petitioner Nos.2 to 5 & 7 only.

Per contra, learned Public Prosecutor has vehemently opposed the bail application and