[2026:RJ-JD:4601]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14692/2025 Anil S/o Dhagla Ram, Aged About 24 Years, Resident Of Narsinghpura, Tehsil Marwar Junction, District Pali Rajasthan .

(Presently Lodged In District Jail Pali, District Pali)

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Jagdish Bhadu For Respondent(s) : Mr. Hanuman Ram Prajapati, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

27/01/2026 This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.305/2022 registered at Police Station Marwar Junction (Pali), District Pali, for the offences under Sections 302, 449, 341 and 323/34 of IPC.

Learned counsel for the petitioner submitted that complainant- Mohan Lal lodged an FIR at Police Station Marwar Junction, District Pali, alleging inter alia that his son Bhunda Ram and daughter-in-law Faudi, who had taken a contract for cutting trees in village Narsinghpura, were attacked by Jabar Chand @ Jabra Ram, Manohar, the present petitioner, and two to three other persons. As per the complainant, his daughter-in-law Faudi sustained head injuries at the hands of the accused persons. The aforesaid incident was witnessed by Bhunda Ram, Prabhu Ram, and Pushpa.

Drawing the attention of the Court to the post-mortem report of the deceased Faudi, learned counsel submitted that as per the said report, the cause of death was head injury and its complications. Learned counsel further submitted that the statements of Prabhu Ram and Pushpa have already been recorded before the competent criminal court as PW-04 and PW- 05 respectively. In their court statements, PW-04 and PW-05 have stated that they had seen co-accused Jabar Chand @ Jabra Ram and the deceased fighting, and when they reached the spot, they saw the deceased becoming unconscious due to the head injury caused to her.

Learned counsel further submitted that although the statement of Bhunda Ram, the son of the complainant and husband of the deceased, has not yet been recorded before the learned trial court, in his statement recorded under Section 161 Cr.P.C. (Section 180 BNSS), he stated that his wife Faudi was inflicted with multiple head injuries by co-accused Jabar Chand @

Jabra Ram.

Drawing further attention of the Court to the challan papers, learned counsel submitted that the blunt weapon (lathi) allegedly used in the commission of the offence has been recovered at the instance of co-accused Jabar Chand @ Jabra Ram. On the strength of the aforesaid facts and grounds, learned counsel submitted that the petitioner has been falsely implicated in the present case; that the petitioner is in judicial custody since 03.12.2022; that the statements of eye-witnesses namely Bhunda Ram recorded under Section 161 Cr.P.C., and Prabhu Ram and Pushpa recorded before the competent criminal court as PW-04 and PW-05 clearly establish that the fatal injuries were caused to the deceased by co-accused Jabar Chand @ Jabra Ram; that till date only 12 prosecution witnesses have been examined; and that the trial against the petitioner is not likely to conclude in the near future. Therefore, benefit of bail may be granted to the accused-

petitioner.

Per contra, learned Public Prosecutor vehemently opposed the bail application and submitted that in the present case, the eye-witness of the incident, namely Bhunda Ram, in his statement recorded under Section 161 Cr.P.C., has clearly stated that on the date of the alleged incident, the petitioner along with the co- accused persons unauthorisedly entered his house and inflicted injuries upon him and his wife Faudi with blunt weapons without any provocation. Learned Public Prosecutor further submitted that looking to the seriousness of the allegations levelled against the petitioner, he does not deserve to be enlarged on bail.

Heard learned counsel for the petitioner and learn