[2025:RJ-JP:35748]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6335/2025 Sanwra S/o Shivlal, R/o Jhiri, Police Station Suket, Tehsil Ramganj Mandi, District Kota Rural (Raj.).

(Presently Confined In Sub Jail At Ramganjmandi).

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajendra Singh Tanwar Mr. Rajveer Singh Jhala For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

28/08/2025

1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Sanwra S/o Shivlal seeking bail in respect of a criminal case registered as FIR No.151/2024 dated 03.05.2024 registered at P.S. Suket, District-Kota for the offence under Section 302 of IPC.

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. The applicant does not have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

3. Learned counsel for applicant submits that complainant Sajna Bai, who is wife of deceased, has lodged a complaint on 03.05.2024 mentioning that there was dispute of parking of bike between deceased and present applicant-accused. He further submits that the statement of Sajna Bai was recorded under Section 161 of Cr.P.C. and she stated that there was only one assault. He further referred post mortem report and submits that there was one injury upon body of deceased. He further submits that this was a case of sudden provocation and both deceased and present applicant are real brother. He also submits that there was neither any animosity nor any motive or intention to kill deceased by present applicant-accused. He also submits that police has already filed a charge-sheet and evidence clearly suggests that there was only one blow and applicant-accused is in custody since

04.05.2024.

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 applicant-accused and learned Public Prosecutor. Perused the material placed on record.

6. On basis of a report lodged on 03.05.2024 about deadly blow upon her husband by a sharp edged weapon by present applicant, the matter is registered and investigated. After investigation, a charge-sheet under Section 302 IPC is filed against applicant- accused, who is in custody since 04.05.2024. We have considered statement of Sajna Bai complainant, who is wife of deceased and also considered post mortem.

7. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail.

8. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage.

9. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Sanwra S/o Shivlal, is hereby dismissed.

(ASHOK KUMAR JAIN),J GAURAV /47