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Rajasthan High Court - Jodhpur
Gurjeet Singh vs State Of Rajasthan (2026:Rj-Jd:14809) on 1 April, 2026
[2026:RJ-JD:14809]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 1225/2026
Gurjeet Singh S/o Shri Kalu Singh, Aged About 30 Years,
Resident Of Ward No 11 Chak 50 Lnp Police Station Chundawadh
District Sriganganagar Rajasthan (Presently Lodged In Dist. Jail
Sri Ganganagar)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Pankaj Kumar Gupta
For Respondent(s) : Mr. Hathi Singh Jodha, P.P.
HON'BLE MR. JUSTICE SANJEET PUROHIT
Order
01/04/2026
1. The jurisdiction of this Court has been invoked by way of
filing an application under Section 483 B.N.S.S. at the instance of
accused-applicants. The requisite details of the matter are
tabulated herein below:
S.No Particulars of the Case
.
2. Concerned Police Station Chundawadh
3. District Sri Ganganagar
4. Offences alleged in the FIR 109(2), 115(2), 331(6) &
3(5) of BNS, 2023
5. Offences added, if any 103(1) of BNS, 2023
6. Date of passing of impugned 07.01.2026
order
2. It is contended on behalf of the accused-applicant that
earlier charge-sheet was filed on 06.12.2024 against two other co-
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accused namely, Lakhveer Singh @ Labhu and Deepak @ Dipu for
the offences punishable under Sections 109(2), 115(2), 3(5) &
331(6) of BNS, 2023, but after four months of the incident,
deceased-Rajendra Kumar passed away and, therefore, challan
was filed on 16.12.2025 against Lakhveer Singh @ Labhu, Deepak
@ Deepu and present applicant under Sections 103(1), 109(2),
115(2), 3(5) & 331(6) of BNS, 2023.
3. Learned counsel for the applicant also submits that applicant
has falsely been implicated in the present case only on the basis
of conjectures and surmises.
4. It is contended that as per the injury report injured/deceased
Rajendra Kumar was examined on 18.09.2024 i.e. after 20 days of
date of incident dated 30.08.2024, wherein two injuries i.e. injury
No.1-blunt injury on the lower back region and injury No.2 on the
left fronto-parieto-temporal region was reported. As per the
postmortem report, the cause of death of deceased - Rajendra
Kumar is due to head injury.
5. Learned counsel has drawn attention of this Court towards
the contents of FIR as well as the statements of eye-witnesses i.e.
Subhash (PW.1) and Krishna (PW.2) and submits that the said
witnesses have clearly stated that head injury was caused by
Lakhveer Singh @ Labhu through a sharp edged weapon and no
specific allegation has been levelled against the present applicant
for causing any head injury to deceased-Rajendra Kumar. The
injury attributed to the applicant is upon back of deceased-
Rajendra Kumar.
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6. Learned counsel also submits that challan in the present case
has already been filed and applicant is behind the bars since
20.09.2025.
7. Learned counsel further submits that similarly situated co-
accused-Deepal @ Dipu, to whom no head injury is attributed has
already been enlarged on bail by the Coordinate Bench of this
Court vide order dated 24.11.2025 in SB Criminal Misc. Bail
Application No.4565/2025.
8. Learned counsel states that case of the present applicant is
not distinguishable from the case of co-accused-Deepak @ Dipu
and thus, prays that applicant may be enlarged on bail on the
ground of parity.
9. Per contra, learned Public Prosecutor vehemently opposed
the bail application and submits that since all the three accused
have attacked upon deceased-Rajendra Kumar with common
intention and the injuries caused were turned to be fatal thus, the
benefit of bail should not be extended to the applicant.
10. I have considered the submissions made by both the parties
and have perused the material available on record.
11. The result of post-mortem report suggests that cause of
death of deceased Rajinder Kumar was due to ante-mortem head
injury, leading to Septicemia, which is the cause of death in
ordinary course of nature.
12. The perusal of statements of eyewitnesses show that the
fatal head injury has not been attributed to the present applicant.
Eye-witnesses PW-1 Subhash (son of deceased), as well as PW-2
Krishna (wife of deceased), in their statements have specifically
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stated that the head injury is being caused by Lakhvir Singh alias
Labbu. The allegations upon present applicant, so also against co-
accused Deepak @ Dipu is of causing injury with rod / stick upon
the back/spine of the deceased.
13. Learned Public Prosecutor has failed to point out any
distinguishable factor of the case of the petitioner from the case of
co-accused Deepak alias Dipu, who has already been enlarged on
bail by Coordinate bench of this Court vide order dated
24.11.2025. This Court has also considered that earlier challan
has been filed under Section 109 of BNS 2023 and deceased-
Rajender Kumar has died after four months of incident due to
septicemia, turning the case into Section 103 of BNS 2023.
14. Having regard to the totality of facts and circumstances of
the case and in consideration of the fact that challan has already
been filed; conclusion of the trial is going to take a considerable
time; that accused-applicant is in custody since 20.09.2025; that
similarly situated co-accused has already been enlarged on bail,
this Court is of the opinion that no useful purpose would be served
by continuing incarceration of the applicant. Hence, without
expressing any opinion on the merits/demerits of the case, I deem
it just and proper to grant bail to the accused-applicant.
15. Consequently, the bail application filed under Section 483
BNSS, 2023 is allowed. The accused-applicant Gurjeet Singh S/o
Shri Kalu Singh arrested in connection with FIR No.161/2024,
Police Station Chunawadh, District Sri Ganganagar shall be
released on bail on his furnishing personal bond in the sum of
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Rs.50,000/- and two sureties of Rs.25,000/- each to the
satisfaction of the trial Court.
16. Applicant shall be required to appear before that Court on all
dates of hearing and as and when called upon to do so.
17. Needless to mention that the above observations made by
this Court are only prima-facie observations for disposal of present
bail application and the same shall however, not come in the way
of the trial Court to take independent view of the matter, based on
ocular and oral evidence, while finally deciding the case.
(SANJEET PUROHIT),J
25-A.Arora/-
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