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Rajasthan High Court - Jodhpur
Aajad 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.
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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.
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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
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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/-
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