Bail application under Section 483 BNSS in a murder case (FIR under Section 103(1) BNS) based on circumstantial evidence. Court found the alleged offence serious and the applicant's role prima facie sufficient to show complicity, and dismissed the bail application.
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[2025:RJ-JP:39313]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 5459/2025
Jaipal @ Monu S/o Sh. Bahadur Singh, R/o Darbarpur, Police Station Mundawar, District Khairthal Tijara (At Present Confined In Sub Jail Kishangarhbas District Alwar).
----Petitioner
Versus
The State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. Manjeet Kumar |
|---|---|
| For Respondent(s) | : Ms. Arti Sharma, PP |
| None present for complainant | |
| Mr. Mahaveer Singh, SI, SHO, PS | |
| Mundawar, District Khairthal Tizara, | |
| Present inperson |
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order
18/09/2025
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[CRLMB-5459/2025]
(2 of 4)
have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.
(3 of 4)
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the crime scene from location of mobile phone and he was not the reason behind murder of deceased. He further referred the personal enmity of deceased with his in-laws and submitted that there was an ongoing litigation against the deceased. At last, he submitted that the case rest upon circumstantial evidence and there is no link available on record to connect the present petitioner accused with death of the deceased.
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(4 of 4)
that the deceased Nitesh Kumar and the present petitioner Jaipal are living in one room at Bawal and after recovery of dead body of decased Nitesh, the present petitioner went missing and his tower locations indicated that on 24.11.2024 and onward his mobile was switched off and on 22.12.2024 it was in Bawal and thereafter Ngli Rajpur (New Delhi). The tower location further indicated Bina and Hydrabad. The statement of Vinod Kumar (landlord) also indicate that Nitesh and Jaipal were living in one room. A forensic report is also placed on record. The petitioner accused is only person who has been chargesheeted by police.
(ASHOK KUMAR JAIN),J
MR/68
1 issue framed by the court
Whether the accused should be enlarged on bail in a murder case resting on circumstantial evidence where he is the only chargesheeted person.
3 provisions across 2 enactments
Jaipal @ Monu S/o Sh. Bahadur Singh
The State of Rajasthan, through PP
Ashok Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
