Aditya @ Susu S/O Shri Dayaram Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2025)

Aditya @ Susu S/O Shri Dayaram Vs State of… — Murder and Culpable Homicide | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Release of both petitioners on bail upon furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, to the satisfaction of the learned trial court, with appearance before that court on all dates till conclusion of the trial.

Issue for consideration

Whether the petitioners, implicated in FIR No.0418/2024 of Police Station Sadar Alwar for the offence under Section 103(1) of BNS, should be granted bail under Section 483 of BNSS.

Court's answer

The court granted bail to the petitioners principally on the ground of parity, since the prime accused had already been enlarged on bail, expressly without expressing any opinion on the merits or demerits of the case.

Ratio / Principle

The bail application under Section 483 BNSS was allowed, and both petitioners were ordered to be released on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, to appear before the learned trial court on all dates till conclusion of the trial.

Detailed headnote1 paragraphs

Bail granted on parity — S.B. Criminal Miscellaneous Bail Application No. 6261/2025, decided 08/07/2025 by Hon'ble Mr. Justice Pramil Kumar Mathur, Rajasthan High Court, Jaipur Bench: Petitioners Aditya @ Susu and Gaurav @ Chiyan, implicated in FIR No.0418/2024 of Police Station Sadar Alwar, District Alwar, for the offence under Section 103(1) of BNS, were granted bail under Section 483 of BNSS. Grounds relied on: the prosecution case rests entirely on circumstantial evidence with no eye-witness; though a PVC Pipe was recovered at the petitioners' instance, the prime accused Bhunveshwar @ Bhunni had already been enlarged on bail by a Co-ordinate Bench of this Court on 28.03.2025 on the same ground, warranting parity; the petitioners have no criminal antecedents; the charge-sheet has been filed and Aditya @ Susu is in custody since 28.04.2024 and Gaurav @ Chiyan since 29.04.2025. Bail was allowed without expressing any opinion on the merits/demerits of the case; the petitioners are to furnish a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each and appear before the learned trial court on all dates till conclusion of the trial.

[2025:RJ-JP:25086]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 6261/2025

Aditya @ Susu S/o Shri Dayaram, Aged About 28 Years, R/o Jajor Bas, Police Station Sadar Alwar, District Alwar. (At Present Confined In Central Jail Alwar).

Gaurav @ Chiyan S/o Shri Jaswant Singh, R/o Jajor Bas, Police Station Sadar Alwar, District Alwar. (At Present Confined In Central Jail Alwar).

----Petitioners

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s)	: Mr. Rajeev Kumar Sogarwal
For Respondent(s)	: Mr. Jaiprakash Tiwari,PP

HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order

08/07/2025

The petitioners have preferred this bail application under Section 483 of BNSS in FIR No.0418/2024 registered at Police Station-Sadar Alwar, District-Alwar for the offence under Section 103(1) of BNS.

Heard learned counsel for the petitioners as well as learned Public Prosecutor and perused the material available on record.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. He further submits that the entire prosecution case is based on circumstantial evidence, as there is no eye-witness exists of the incident. He further submits that though there is recovery of one PVC Pipe at the instance of the present petitioners but on the same ground prime accused-Bhunveshwar @ Bhunni has already been enlarged on bail by the Co-ordinate Bench of this Court on 28.03.2025.

[2025:RJ-JP:25086]

[CRLMB-6261/2025]

(2 of 2)

There are no criminal antecedents against the petitioners. He again submits that the petitioner-Aditya @ Susu is behind the Bar since 28.04.2024 and the petitioner-Gaurav @ Chiyan is behind the Bars since 29.04.2025 respectively and charge-sheet has been filed. The trial of the case may take considerable time, therefore, no fruitful purpose would be served by keeping the petitioners in further custody, hence the bail application of the petitioners may be allowed.

Learned Public Prosecutor has vehemently opposed the bail application.

On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, especially the fact that the prime accused has already been enlarged on bail, therefore for maintaining the parity but without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners.

Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioners -(1)Aditya @ Susu S/o Shri Dayaram and (2) Gaurav @ Chiyan S/o Shri Jaswant Singh shall be released on bail on their furnishing 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 court for their appearance before that Court on all the dates till conclusion of the trial.

(PRAMIL KUMAR MATHUR),J

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