[2025:RJ-JP:47237]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3^rd Bail Application No. 14424/2025 Jitendra Kumar S/o Mohar Singh, Aged About 37 Years, R/o Chhawasari, Police Station Gudhagaurji, District Jhunjhunu (Raj.)

(At Present Confined At District Jail, Jhunjhunu).

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner : Mr. Asgar Khan For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

18/11/2025

1. The present third bail application under Section 483 of BNSS is filed by the applicant-accused Jitendra Kumar S/o Mohar Singh, seeking bail in respect of a criminal case registered as FIR No.560/2024 Dated 14.11.2024 registered at P.S. Gudha, District Jhunjhunu for the offence under Section 103(1) of BNS, 2023.

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time.

3. Learned counsel for applicant submits that the first bail application of the present petitioner was dismissed as withdrawn on 19.09.2025 with liberty to file after recording statement of Subhash Kalyan. He further submits that the statement of Subhash Kalyan was recorded as PW-10 on 28.10.2025 and he has turned hostile and not supported the case of prosecution. He further submitted that till date, 12 witnesses were examined and none of them has deposed about involvement of present petitioner. He further submits that this is a case of accident wherein a dead body was found unattended but under pressure the police has investigated the matter and implicated the present petitioner. He also submits that the petitioner is named only because of family animosity and there is no involvement of present petitioner. He further submits that after the evidence of Subhash Kalyan, the present petitioner is entitled to be released on bail.

4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature.

5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

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.

7. After investigation on report of PW-7, the case is forwarded by police, thus considering the evidence brought on record by the prosecution, I am of considered view that material witnesses were examined and it