[2026:RJ-JD:7851]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 3^rd Bail Application No. 11396/2025 Kishana Ram S/o Shri Anda Ram, Aged About 27 Years, R/o Barnel, Police Station Badikhatu, District Nagaur, (Rajasthan)

(Lodged In Central Jail Jodhpur)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dhirendra Singh, Sr. Adv. with Mr. Jagdish Singh For Respondent(s) : Mr. Surendra Bishnoi, PP Mr. Uttam Khan for complainant HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

11/02/2026 This third application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.79/2022 registered at Police Station Jayal, District Nagaur, for the offences under Sections 147, 148, 149, 323, 341, 325, 365, 302, 212, 120-B of IPC.

Heard learned counsel for the parties. Perused the material available on record.

Learned counsel for the petitioner submitted that one Ramniwas lodged an FIR alleging, inter alia, that on 23.06.2022, Raju, Ravindra, Dharmaram, Ramprasad, Jagdish, Kaluram and two to three other persons kidnapped the deceased, Narpat, and brutally assaulted him with lathis and sarias (iron rods). It was further alleged that after severely beating Narpat, the accused persons threw him outside Tarnau Hospital at about 10:30 p.m. One Laxman Ram is stated to have witnessed the accused persons abandoning the injured Narpat outside the said hospital.

Learned counsel further submitted that the petitioner has not been named in the FIR. Although some of the eye-witnesses, in their subsequent statements, have indicated his presence at the place of occurrence along with the other accused persons, the petitioner was not initially implicated. It was also contended that co-accused Dharma Ram and Ravindra S/o Gopal Ram, who were specifically named in the FIR as well as by the eye-witnesses Dilip, Shrawan, Laxman, etc., have already been enlarged on bail by co-

ordinate Benches of this Court.

Lastly, learned counsel submitted that the petitioner is presently in judicial custody; the material prosecution witnesses have already been examined before the competent criminal court; and co-accused Dharma Ram and Ravindra Netra have been granted bail. Therefore, there is no apprehension of the petitioner influencing witnesses or tampering with the evidence. It was further submitted that the trial is likely to take considerable time to conclude, and thus the petitioner deserves to be enlarged on bail.

Per contra, learned Public Prosecutor and learned counsel for the complainant vehemently opposed the bail application. It was submitted that the eye-witnesses have clearly named the petitioner as one of the assailants in their statements; that the blunt weapon allegedly used in the commission of the offence was recovered at the instance of the present petitioner; and that the bail applications of co-accused Punit Bishnoi and Bhanwarlal have already been rejected by this Court. Considering the seriousness and gravity of the allegations, it was argued that the petitioner does not deserve the indulgence of bail. However, learned counsel were unable to dispute the fact that co-accused Dharma Ram— who was named in the FIR and from whom a blunt weapon (lathi/saria) was recovered and co-accused Ravindra, who was also named in the FIR, have already been enlarged on bail by co-

ordinate Benches of this Court.

Having considered the rival submissions and the facts and circumstances of the case, and keeping in view the fact that not only Ravindra and Dharma Ram, but also several other co-accused persons, namely Ramesh, Rajaram, Ramkishore, Narayan Singh, Priyanka @ Pinky, Ramprakash and Ramvilwas Dhojak @ Kalu, have been granted bail by co-ordinate Benches of this Court, this Court is inclined to enlarge the petitioner on bail.

Consequently, the third bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Kishana Ram S/o Shri And