[2025:RJ-JP:46562]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2^nd Bail Application No. 3177/2025 Rameshwar S/o Shri Nathuram, Aged About 24 Years, R/o Village Dholpuriya Police Station Arai, District Ajmer. (At Present Petitioner Is Confined In Central Jail Ajmer)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Anil Kumar, Adv.

For Respondent(s) : Mr. NS Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

18/11/2025

1. The instant second application for bail under Section 483 BNSS has been filed on behalf of the petitioner herein who has been arrested in connection with FIR No. 85/2023 registered at Police Station Arai, District Ajmer for offence punishable under Section 147, 148, 149, 341, 323, 504, 302 of IPC and 3/25 of the Arms Act. After completion of investigation, charge sheet for offences punishable under Sections 34, 341, 323, 504 and 302 of IPC and 3/25 & 5/27 of the Arms Act has been filed by the investigating agency in the court concerned.

2. The petitioner had earlier filed his first bail application, which was dismissed as withdrawn vide order dated 02.04.2024 with liberty to file fresh bail application after recording testimony of the eyewitnesses i.e. (1) Mukhram Choyal S/o Ramdayal, (2) Dharmpal S/o Prithwipal, (3) Ganesh Jat S/o Chotu Ram, (4) Khusiram S/o Ramdayal, (5) Meghraj S/o Vishram, (6) Vikas Jyani S/o Ranglal, (7) Vikas Bhadu S/o Gyanchand, (8) Jai Singh S/o Girraj Singh, (9) Omprakash S/o Vishnuprakash, (10) Surendra Ghasal S/o Mukhram, (11) Nikhil Yadav S/o Chaturbhuj and (12) Mahendra Chaudhary S/o Shubhkaran. Counsel submits that now 9 material witnesses have been examined out of aforesaid 12 witnesses and presence of other 3 witnesses could not be secured despite issuance of bailable warrant thus, this second bail application has been preferred.

3. According to the prosecution story, on 14.05.2023, the FIR was registered on the basis of written report submitted by complainant Arjun Singh stating therein that his brother, Karan Singh, had gone with some of his friends to have food at the Chamunda Hotel located in Arai town. There, the accused applicant arrived with his associates, and they started beating them. The accused petitioner then fired a pistol, and the bullet hit his brother Karan in the chest, causing his death on the spot. On the basis of these facts, the FIR was registered for the offences punishable under section 147, 148, 149, 341, 323, 504, 302 of IPC and 3/25 of the Arms Act. During the course of investigation, arrest of the petitioner was made on the same day at 09.45 PM. Based on his information under section 27 of the Evidence Act, country-made pistol was recovered on next day. After completion of investigation, charge sheet was filed against petitioner and three others for the offences punishable under Sections 34, 341, 323, 504 and 302 of IPC and 3/25 & 5/27 of the Arms Act.

4. The present second bail application has now been preferred primarily on the ground of prolonged incarceration, as the petitioner has remained in custody since 14.05.2023, thereby having undergone imprisonment about 2 and half years. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and all the evidence against him has been fabricated. Counsel further submits that cross-cases have been registered between the parties and charge sheet has been filed against the 11 person for the offences punishable under section 147, 148, 149, 341, 323, 504, 324, 307 of IPC and 3/25 & 5/27 of the Arms Act. Counsel further submits that on the request of the prosecution, charge has been amended and therefore witnesses have been summoned again. Counsel submits that till date, only 9 witnesses have been examined out of 33 prosecution witnesses and despite issuance of bailable warrant, other witnesses are not truing up as they are accused in cross-case and absconding