[ad_1]
Rajasthan High Court – Jodhpur
Jitendra Vishnoi vs State Of Rajasthan (2025:Rj-Jd:27311) on 17 June, 2025
[2025:RJ-JD:27311]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6946/2025
Jitendra Vishnoi S/o Shri Papparam, Aged About 31 Years, R/o
180-181 Mahadev Nagar, P.S. Banar, Jodhpur Rajasthan.
(At Present Lodged In District Jail, Bikaner)
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Chaina Ram Bishnoi S/o Thana Ram, R/o 17, Krishna
Nagar, Sangariya Fanta, Basni, Jodhpur (Raj.)
----Respondents
For Petitioner(s) : Mr. Ram Niwas Choudhary
Mr. Tan Singh
For Respondent(s) : Mr. Hanuman Prajapati, Public
Prosecutor
Mr. Arun Kumar for the complainant
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
17/06/2025
This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
connection with F.I.R. No.283/2024, registered at Police Station
Basni, District – Jodhpur City West for offences under Sections
103(1), 61(2)(a) of the BNS and Sections 3/25 & 5/27 of the Arms
Act.
Heard learned counsel for the petitioner, the learned Public
Prosecutor and the learned counsel for the complainant. Perused
the material available on record.
(Downloaded on 17/06/2025 at 09:37:40 PM)
[2025:RJ-JD:27311] (2 of 4) [CRLMB-6946/2025]
As per the case of the prosecution, the complainant
Chenaram has given a written report to the effect that on
08.10.2024, his nephew Subhash has received a message through
mobile/Instagram from someone who asked him to meet in the
street near Arjun Studio in front of Sangariya Fanta Govt. school.
Then at about 2:30 pm, his nephew went there in his motorcycle.
Then, two persons after parking their motorcycle on main road,
came in the street and one persons fired 3-4 bullets on his
nephew. On seeing this some persons came from nearby but the
accused persons ran away from the spot. His nephew was taken
to the Hospital in injured condition. Subhash succumbed to the
bullets injuries. The complainant levelled the allegation of murder
of Subhash upon Jitendra and other two accused persons.
Learned counsel for the petitioner argued that accused-
petitioner has been falsely implicated in the present case. He
further submitted that neither the accused was present at the
scene of occurrence nor his location has been found near the spot.
Learned counsel for the petitioner further submitted that the
juvenile ‘A’ has been enlarged on bail by a Coordinate Bench of
this Court vide order dated 27.05.2025, passed in S.B. Criminal
Misc. Bail Application No.438/2025.
He further submitted that upon perusal of the CCTV footage,
a specific averment has been made to the effect that it was the
co-accused Mohd. Ashif who discharged the firearm upon the
deceased Subhash.
Learned counsel for the petitioner further submitted that the
challan has been filed in the case and the accused is in judicial
(Downloaded on 17/06/2025 at 09:37:40 PM)
[2025:RJ-JD:27311] (3 of 4) [CRLMB-6946/2025]
custody since since long and the trial of the case will take
sufficiently long time, therefore, the accused-petitioner may be
enlarged on bail.
Per contra, learned Public Prosecutor and the learned counsel
for the complainant have vehemently opposed the bail application
and submitted that accused has committed a heinous crime of
murder of Subhash, the nephew of the complainant. He is the
master mind in hatching the conspiracy of murder of Subhash. At
his instance, juvenile A and the co-accused Mohd. Ashif called
Subhash in the street near Arjun Studio in front of Sangariya
Fanta Govt. school, where Mohd. Ashif fired 3-4 bullets on his
nephew. Subhash succumbed to the bullets injuries. The
complainant has also levelled the allegation of murder upon the
present petitioner and other two accused persons. Therefore, he
prayed that looking to the gravity of the offence, benefit of bail
may not be extended to the petitioner.
The allegations against the present petitioner is that he
along with other accused persons has hatched a criminal
conspiracy to commit murder of Subhash. Upon perusal of the
CCTV footage, a specific averment has been made to the effect
that it was the co-accused Mohd. Ashif who discharged the firearm
upon the deceased Subhash at that time co-accused Mohd. Ashif
was accompanied with juvenile ‘A’. The said juvenile ‘A’ has been
enlarged on bail by a Coordinate Bench of this Court and the main
allegation of firearm are on co-accused Mohd. Ashif.
On the information under Section 23(2) of the Indian
Evidence Act, the facts of involvement of present petitioner in
(Downloaded on 17/06/2025 at 09:37:40 PM)
[2025:RJ-JD:27311] (4 of 4) [CRLMB-6946/2025]
hatching the criminal conspiracy of committing murder of Subhash
has come on record. Whether the present petitioner was actually
involved in the conspiracy of commission of murder of Subhash or
not, the same can be ascertained only after recording of the
statements of the witnesses. The challan has already been filed in
the matter. There is no other criminal case pending against the
present petitioner. The trial of the case will take sufficiently long
time.
Having considered the rival submissions, facts and
circumstances of the case, without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
Consequently, the bail application under Section 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
Jitendra Vishnoi S/o Shri Papparam, arrested in connection
with F.I.R. No.283/2024, registered at Police Station Basni, District
– Jodhpur City West, shall be released on bail, if not wanted in any
other case, provided he furnishes a personal bond of Rs.50,000/-
and two sureties of Rs.25,000/- each, to the satisfaction of
learned trial court, for his appearance before that court on each &
every date of hearing and whenever called upon to do so till
completion of the trial.
(CHANDRA PRAKASH SHRIMALI),VJ
215-Ramesh Goyal, P.S/-
(Downloaded on 17/06/2025 at 09:37:40 PM)
Powered by TCPDF (www.tcpdf.org)
[ad_2]
Source link