Dismissed¶38

Rakesh Kumar S/O Shishram v. the State of Rajasthan

Rajasthan HC3 Oct 2025CRLMB/12480/2025

Case brief

AI extract

What is this about?

Bail denied; Section 483 BNSS; Sections 115(2) and 126(2) BNS upgraded to Section 103(1) BNS after death of injured; FIR No.263/2025 dated 17.08.2025 P.S. Vishwakarma Jaipur (West); assault with iron rod on head 10.08.2025; injured Rohtash died 02.10.2025, cause of death head injury; SMS Hospital admission after 108 call by Shishpal; CCTV footage led to arrest of Vikram Singh and both petitioners on 25.08.2025; removal of injured from crime scene and via washer-man; CRLMB-11623/2025 connected with CRLMB-12480/2025; Rajasthan High Court Jaipur; Justice Ashok Kumar Jain; decision date 03/10/2025.

What did the court decide?

The facts and material indicate that the alleged offences are of serious nature and the role attributed to the applicants is prima facie sufficient to consider their complicity in the crime. ¶37

Rakesh Kumar S/O Shishram Vs the State of… — Murder and Culpable Homicide | Rajasthan HC (2025)

¶1

[2025:RJ-JP:40261]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous Bail Application No. 11623/2025

¶4

Tarachand S/o Late Shri Sher Singh, Aged About 51 Years, R/o Village Nua, P.s. Gogamedi, District Hanumangarh. Second Address - Plot No. 124, Sadaa Vihar Colony, Village- Deep Pura, P.s. Harmada, District Jaipur. Presently Employee Of Transport Company Vikram Roadlines, Road No. 09A, P.s. Vishvakarma, Jaipur. (At Present Confined In Central Jail Jaipur).

¶5

----Petitioner

¶6

Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

¶10

S.B. Criminal Miscellaneous Bail Application No. 12480/2025 Rakesh Kumar S/o Shishram, Aged About 40 Years, R/o Khasra No 5/22/02 Plot No 3B, First Floor Patle Garden Kakrola, Police Station Dwarka North, Dwarka, New Delhi Present Transport Company, Vikram Road Lines, Road No 09A, Police Thana Vishvkarma Jaipur (Raj.). (At Present Confined In District Jail, Jaipur)

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----Petitioner

¶12

Versus

¶13

The State Of Rajasthan, Through Pp

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----Respondent

¶15

For Petitioner(s)	:	Mr. Kawal Singh Loha
		Mr. Rajveer Singh Gurjar
For Respondent(s)	:	Mr. Manvendra Singh Choudhary, PP
		Mr. Ashish Kumar Gill

¶16

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

¶18

03/10/2025

¶19

The present bail applications under Section 483 of BNSS are filed by the applicants-accused Tarachand S/o Late Shri

(2 of 4)

[2025:RJ-JP:40261]

[CRLMB-11623/2025]

Sher Singh, Rakesh Kumar S/o Shishram, seeking bail in respect of a criminal case registered as FIR No.263/2025 dated 17.08.2025 registered at P.S. Vishwakarma District Jaipur (west), for the offence under Sections 115(2) and 126(2) of BNS.

¶24

Learned counsel for the applicants submits that the applicant have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicants accused from the jurisdiction of this Hon’ble Court. He also submits that the applicants undertake not to repeat offence and cooperate with investigation/trial, which will take time.

¶25

Learned counsels for the petitioners submits that for the alleged incident of assault on 10.08.2025 a report is registered on 17.08.2025 against unknown persons. They further submit that not a single evidence is available on record to show that present petitioners were indulged in assault upon injured Rohtash. They further submit that even CCTV footage and police investigation clearly suggests that Vikram Singh @ Bablu has assaulted injured who was in inebriated condition. They further submitted that in the entire police investigation role and involvement of both the petitioners were not mentioned, as negligence on their part is that they have not informed the police about condition of injured. At last they submitted that these petitioners are in custody since their arrest on 25.08.2025.

[2025:RJ-JP:40261]

[CRLMB-11623/2025]

(3 of 4)

Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. He has also filed a report received from concerned Police Station and submitted that injured Rohtash expired on 02.10.2025 and now it is a case under Section 103(1) of BNS.

¶30

Learned counsel for the complainant also opposed the bail applications of both the petitioners and referred post mortem report of Rohtash and submitted that due to head injury, Rohtash has expired and both these petitioners are involved in the incident.

¶31

Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties.

¶32

On 17.08.2025 complainant Sandeep has lodged a report about assault by an unknown driver upon his brother-in law Rohtash who is admitted in SMS Hospital since 12.08.2025. After registration of case police has investigated the matter. During investigation police has searched CCTV footage and on the basis of CCTV footage identified Vikram Singh and arrested him on 25.08.2025. Further investigation found involvement of both the petitioners and arrested them on 25.08.2025. According to analysis by police there was a fight between Vikram Singh and Rohtash wherein Vikram Singh has assaulted Rohtash by iron rod on 10.08.2025, upon his head thereafter Tara Chand and Vikram Singh both have removed injured Rohtash from crime scene to another room. On 12.08.2025 Rakesh and Tara Chand have removed body

[2025:RJ-JP:40261]

[CRLMB-11623/2025]

(4 of 4)

of injured from his transport company through washer-man. On 12.08.2025 Shishpal has called 108, then the injured was admitted to SMS hospital. During treatment injured Rohtash succumbed to injuries on 02.10.2025. The cause of death is head injury. The role and involvement of these petitioners is under investigation after the death of Rohtash on 02.10.2025.

¶37

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

¶38

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

¶39

Accordingly, the applications for bail filed under Section 483 of BNSS preferred by Tarachand S/o Late Shri Sher Singh and Rakesh Kumar S/o Shishram, are hereby dismissed.

¶40

(ASHOK KUMAR JAIN),J

¶41

ashu /43-44

Rakesh Kumar S/O Shishram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Rakesh Kumar S/O Shishram v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

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