[2026:RJ-JP:2135]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16970/2025

1. Aashish Kumar Alias Seenu S/o Mahendra Singh, Aged About 19 Years, R/o Nimbaas, Police Station Buhana, District Jhunjhunu, Rajasthan. (At Present In Sub Jail, Khetri).

2. Yogesh Kumar @ Bhopat S/o Meer Singh, Aged About 23 Years, R/o Lalamandi, Police Station Buhana, District Jhunjhunu, Rajasthan. (At Present In Sub Jail, Khetri).

----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vijayant Nirwan For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

19/01/2026

1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.176/2025 registered at Police Station Buhana, District Jhunjhunu for the offence(s) under Sections 189(2), 352, 115(2), 126(2) and 109(1) of BNS.

2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. He further submits that eye witnesses Santosh Devi, Annu @ Anuradha, Vikram Singh, Saurav and Rahul @ Gaurav, in their statement rendered under Section 180 of BNSS has clearly attributed the head injury sustained to the deceased Vikram Singh to the other co-accused Anil @ Chetram @ Chetiya. As per the postmortem report, two injuries were found at the body of the deceased and the injury caused at the head was opined to be antemortem in nature and the cause of death of the deceased is COMA as a result of antemortem head injury. The accused- petitioners are in custody since 31.08.2025 and charge-sheet has already been submitted and there are no criminal antecedents against the petitioners, therefore, the bail application of the accused-petitioners may be allowed.

3. Learned Public Prosecutor has vehemently opposed the bail application and contended that the petitioners along with the other co-accused assaulted the deceased and other injured namely Annu, Saurav, Rahul and Gaurav and deceased died due to head injury, therefore, considering the gravity of the allegations, the bail application of the accused-petitioners may be dismissed.

4. Heard and perused the material available on record.

5. Considering the fact that the all the eye witnesses in their statement rendered under Section 180 of BNSS have categorically attributed the injury at the head of the deceased to the other co- accused Anil @ Chetram @ Chetiya. The injuries sustained to the other injured were found to be either simple blunt in nature, therefore, considering the above facts, I deem it just and proper to enlarge the accused-petitioners on bail.

6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioners namely: 1. Aashish Kumar Alias Seenu S/o Mahendra Singh and 2. Yogesh Kumar @ Bhopat S/o Meer Singh, in connection with FIR No.176/2025 registered at Police Station Buhana, District Jhunjhunu, shall be enlarged on bail provided both of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

(PRAVEER BHATNAGAR),J Keshav/167