Dismissed¶31

Ashish Dohan S/O Shri Bherulal Choudhary v. State of Rajasthan

Rajasthan HC4 Aug 2025CRLMB/9467/2025

Case brief

AI extract

What is this about?

Bail rejection under S.483 BNSS in a S.302 IPC matricide case (FIR 507/2024, PS Kanota, Jaipur East); accused Magan Mahawar, son of deceased Bardi Devi, in custody since arrest on 05.05.2024; charge-sheet filed; complainant PW-1 not eyewitness, PW-2 and PW-3 hostile; post-mortem showed coma from ante-mortem head injury; heinousness of charge weighed against bail; application dismissed on 04/08/2025 by Justice Ashok Kumar Jain; no monetary relief; no precedent relied upon.

What did the court decide?

The applicant-accused, being the son of the deceased, is involved in the incident and there is no allegation of involvement of any other person. ¶27

Ashish Dohan S/O Shri Bherulal Choudhary Vs… — Murder and Culpable Homicide | Rajasthan HC (2025)

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[2025:RJ-JP:30302]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous Bail Application No. 14205/2024

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Magan Mahawar S/o Late Sh. Ramratan Mahawar, R/o Village Phaliyabas, P.s. Kanota, Jaipur East, (Raj.) (At Present Detained In Central Jail, Jaipur).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Shubham Agarwal For Respondent(s) : Ms. Manju Dave, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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04/08/2025

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This instant application for bail filed under Section 483 of BNSS by the applicant-accused Magan Mahawar S/o Late Sh. Ramratan Mahawar in FIR No. 507/2024 dated 05.05.2024 registered at P.S. Kanota, District -Jaipur City (East), whereby the applicant-accused has charged under Section 302 of IPC.

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The applicant was arrested on 05.05.2024 and has in judicial custody since then. The Court below has dismissed the bail application.

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Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by

[2025:RJ-JP:30302]

[CRLMB-14205/2024]

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the Investigating Agency for investigation. He further submits that report is registered by Shravan Lal @ Mukesh who is son of deceased but he is not an eye-witness. He further submits that this complainant was examined as PW-1 before the Trial Court wherein he has not witnessed the incident. He further referred the evidence of two eyewitnesses PW-2 Jyoti and PW-3 Bhagwan Sahay and submits that both have turned hostile and not supported the case of prosecution. He also submits that as per prosecution story, applicant has assaulted with stone which caused a deadly blow to deceased Bardi Devi. As per eye-witness Bardi Devi has fell on bebris of stones which resulted into grievous injury sufficient to cause death.

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Learned counsel for applicant further referred police investigation and submits that the allegations are highly improbable and a son will never kill his own mother and his name is arrayed as an accused due to animosity. He further assures that in case, the applicant-accused is not required for further investigation, the applicant-accused will be available for such investigation. He also submitted that the investigation will take its own time and no purpose will be served by keeping the applicant-accused in custody.

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Aforesaid contentions were opposed by learned Public Prosecutor.

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Heard learned counsel for the applicant-accused along with learned Public Prosecutor. Perused the material placed on record.

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On basis of a report lodged by another son of deceased Bardi Devi against present applicant for assaulting his mother with a stone, FIR was registered and during investigation it was found that the cause of death is Coma and as a result of ante mortem head injury mentioned in PMR sufficient to cause death in ordinary course of nature. The applicant was arrested on 05.05.2024 and a charge-sheet under Section 302 IPC is filed.

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The complainant was examined as PW-1 and it is evident from the evidence of PW-1 that her mother has two marriages and from first Sharavan @ Mukesh (PW-1) was born and from second present applicant was born. It is also evident that PW-1 Sharavan @ Mukesh is not an eyewitness. PW-2 Jyoti and PW-3 Bhagwan Sahay have turned hostile and both have corroborated the presence of each other but it is evident that the injury was result of a fight between deceased and present applicant. At this stage, it is not possible for us to express any opinion on the evidence of PW-2 Jyoti and PW-3 Bhagwan Sahay but considering the nature of allegation and also the evidence available on record, I am of the considered view that applicant-accused who is son of deceased is involved in the incident and there is no allegation of involvement of any other person, therefore, looking to the heinousness of the charge, I am of the considered view that this is not a fit case wherein indulgence of bail be granted to the applicant.

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