[2025:RJ-JP:37250]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4171/2025 Rajulal @ Raju Prajapati @ Raja S/o Tarachand, Aged About 24 Years, R/o Chunabhati, Police Station Mandawara, District Jhalawar. (At Present Confined In Central Jail Kota, District Kota)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ravindra Kumar Paliwal For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

01/09/2025

1. Instant application for bail is filed under Section 483 of BNSS by the petitioner-accused Rajulal @ Raju Prajapati @ Raja S/o Tarachand in FIR No.245/2024 dated 15.05.2024 registered at P.S. Mahaveer Nagar District - Kota, whereby the petitioner-accused has charged under Sections 302 and

34 of IPC.

2. The petitioner was arrested on 15.05.2024 and is in judicial custody since his arrest. The Court below has dismissed the bail application.

3. Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. He also submits that he is no more required in custody and pace of trial is too slow.

4. Learned counsel for the petitioner submits that on

15.05.2024, the complainant Ankit Prajapat has registered a complaint for death of her sister Poonam by unknown assailants and the police investigated the matter. He further submits that initially the police has found that this is a case of suicide but later converted into a case of murder. He further submits that on basis of investigation, police has found involvement of the present petitioner accused and a juvenile girl (wife of complainant) for involvement in murder and filed a charge-sheet. He also submits that the present petitioner accused is in custody since 15.05.2024 and there is no eye-witness and the entire case rests upon circumstantial evidence. Learned counsel has referred statement of PW-1 Kamal Kishore and submitted that the information received at police station was for attempt to commit suicide a girl. He also submit that the cross- examination of PW-1 indicate that this is not a case of murder rather petitioner was implicated due to friendship with wife of complainant PW-2. He further referred statement of PW-2 Ankit Prajapati and submitted that due to certain apprehension, the wife of Ankit allegedly in conspiracy with Raju Lal has committed murder of his sister, which is improbable. He also referred evidence of PW-5 Rahul which indicated that the present petitioner accused and a juvenile (co-accused) are having an affair and there was a talk for engagement between deceased Poonam and the present petitioner and realizing pressure that if marriage happened between deceased and present petitioner then the relation between the present petitioner and co- accused (wife of PW2) will be disclosed to everyone. He also submits that the evidence on record is not sufficient to point out involvement of the present petitioner with co-accused and trial is at slow pace, which would take too long time.

5. Learned Public Prosecutor opposed the bail application. He has submitted that there were injuries upon body of deceased and the same are mentioned in the post mortem report. He also referred recovery of knife and blood stained cloths of petitioner accused.

6. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

7. On basis of a complaint lodged by PW-2 Ankit on 15.05.2024 about murder of his sister by unknown assailant on 14.05.2024, a report is registered and the matter is investigated. After investigation, police has filed charge- sheet against the petitioner accused and a girl juvenile, who is wife of PW-2. We have considered the material as referred by the learned counsel for the petitioner including statement of PW-1, PW-2 and PW-5. Also considered statement of Mamta recorded under Sections 180 and 183