Rajasthan High Court - Jodhpur
Rajesh Kumar @ Tota vs State Of Rajasthan (2026:Rj-Jd:13775) on 24 March, 2026
Author: Praveer Bhatnagar
Bench: Praveer Bhatnagar
[2026:RJ-JD:13775]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2296/2026
Rajesh Kumar @ Tota S/o Krishan Kumar, Aged About 28 Years,
Resident Of Meerpur Police Station Agroha District Hissar,
Harayan (At Present Lodged In Sub Jail Bhadra)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 1844/2026
Aajad S/o Shri Parmeshwar Dayal, Aged About 30 Years,
Resident Of Village Bhangarh, Police Station Bhirani, Tehsil
Bhadra, District Hanumangarh (Lodged In Sub Jail Bhadra Dist.
Hanumangarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. J.K. Suthar
Mr. Vikram Singh Choudhary
Mr. Dishita Parmar
For Respondent(s) : Mr. Prem Singh Panwar, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 24/03/2026
1. These instant bail applications have been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.233/2025 registered at Police Station Bhirani, District Hanumangarh for the offence(s) under Sections 329(3), 115(2), 3(5) of BNS.
(Uploaded on 24/03/2026 at 06:59:23 PM) (Downloaded on 24/03/2026 at 08:43:17 PM) [2026:RJ-JD:13775] (2 of 4) [CRLMB-2296/2026]
2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. He further submits that the report was lodged on the basis of parcha bayan given by the deceased Babu Lal on 05.08.2025, wherein, Babu Lal gave the statement that some unknown persons assaulted him and caused injuries on his legs. Babu Lal also revealed that the persons who assaulted him were unknown and there was no eye witness. It is also contended that Babu Lal remained hospitalized for the treatment and died on 20.09.2025. Postmortem of Babu Lal was conducted on 21.09.2025, wherein, the injuries caused to Babu Lal were shown at the non-vital parts. It is also contended that Babu Lal sustained fracture of lower third of left leg and anterior aspect and in the postmortem report, the Board has opined that the left leg of the deceased developed Gangrenous. It is also contended that police after investigation filed a charge-sheet against the present petitioners and other co- accused and specifically disclosed that the other co-accused Rahul Jangra, Aryan Jat and Lalit caused injuries with the aid of iron rods and lathis. The police, after investigation, also found that the petitioner Aajad Soni left the place of occurence after showing the field of Babu Lal to the other co-accused Lalit, Aryan Jat and Rahul Jangra. It is also contended that similarly petitioner Rajesh did not participate in the assault caused by the other co-accused. The accused-petitioners are in custody since 12.10.2025 and 24.09.2025 respectively. The trial of the case may take considerable time and there are no criminal antecedents against the accused-petitioners, therefore, these bail applications of the accused-petitioners may be allowed.
(Uploaded on 24/03/2026 at 06:59:23 PM) (Downloaded on 24/03/2026 at 08:43:17 PM) [2026:RJ-JD:13775] (3 of 4) [CRLMB-2296/2026]
3. Learned Public Prosecutor has vehemently opposed these bail applications and contends that deceased died after getting injured in the hospital during treatment and the postmortem report clearly shows that the deceased was brutally beaten and received injuries at his leg and scrupulous region. It is also contended that the Board has kept the opinion reserve and the final opinion has yet not been given with regard to the cause of death of the deceased. The viscera of the deceased has been sent for Histopathology examination. It is also contended that the deceased - Babu Lal in his parcha bayan also revealed that the persons who assaulted him named Jagdish. It is also argued that after analysis of Jagdish mobile and petitioners' mobile number, it was found that petitioners were in connectivity with the other co- accused Jagdish, therefore, considering the aforesaid facts, the bail application of the petitioners deserves dismissal.
4. Heard and perused the material available on record.
5. Considering the fact given in the charge-sheet, the investigating officer has given a clear finding that the other co- accused Lalit, Rahul Jangra and Aryan Jat entered into the filed of the deceased and assaulted him with the iron rods and lathis. The investigating officer has also come to the conclusion that petitioner Aajad left the place of occurrence after showing the filed of deceased Babu Lal to the other co-accused. The investigating officer has also concluded that the petitioner Rajesh was directed to move his car and he remained outside, therefore, considering the aforesaid findings given by the investigating officer, the accused-petitioners are in custody since 12.10.2025 and 24.09.2025, respectively and the trial of the case may take (Uploaded on 24/03/2026 at 06:59:23 PM) (Downloaded on 24/03/2026 at 08:43:17 PM) [2026:RJ-JD:13775] (4 of 4) [CRLMB-2296/2026] considerable time, there are no criminal antecedents against the accused-petitioners, therefore, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail.
6. Accordingly, these bail applications under Section 483 BNSS are allowed and it is ordered that the accused-petitioners namely:
1. Rajesh Kumar @ Tota S/o Krishan Kumar and 2. Aajad S/o Shri Parmeshwar Dayal, in connection with FIR No.233/2025 registered at Police Station Bhirani, District Hanumangarh, shall be enlarged on bail provided each of them furnishes 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 44-45/AnilKC/-
(Uploaded on 24/03/2026 at 06:59:23 PM) (Downloaded on 24/03/2026 at 08:43:17 PM) Powered by TCPDF (www.tcpdf.org)