Rajasthan High Court – Jodhpur
Gautam vs State Of Rajasthan (2025:Rj-Jd:37859) on 22 August, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:37859]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 9405/2024
Gautam S/o Shri Ugra Ram, Aged About 28 Years, R/o Kankray,
Police Station Bhawanda, District Nagaur. (At Present Lodged At
District Jail, Nagaur. )
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Dhirendra Singh, Sr. Adv. assisted
by Ms. Priyanka Borana.
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. Omprakash Choudhary.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
22/08/2025
1. This second application for bail under Section 439 Cr.P.C.
(483 BNSS) has been filed by the petitioner who has been
arrested in connection with F.I.R. No.116/2021, registered at
Police Station Bhawanda, District Nagaur, for offences under
Sections 341, 323 and 302 of IPC.
2. The first application filed on behalf of the petitioner was
dismissed as not pressed vide order dated 02.02.2023 while
granting liberty to the petitioner to file a fresh bail application
after recording of the statements of medical jurist who conducted
postmortem of the deceased before the learned trial court.
3. Learned counsel for the petitioner submitted that as per the
prosecution, on 04.11.2021, the complainant Jagdish Ram
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submitted a written report before the SHO of Police Station
Bhawanda to the effect that his son Prakash (deceased) went to
his agricultural field on motorcycle to pick up his mother. When he
reached near village Kankray, he was intercepted by few persons
namely, Jitendra, Madan, Ugar Ram Manish, Siya Ram and two-
three unknown persons, and they, without any provocation from
the deceased started beating him with blunt and sharp weapons.
Subsequently, the deceased fell down after sustaining several
injuries, and thereafter, the petitioner ran over his body 5-6 times
with his tractor alongwith the water tanker assuming he is dead.
In this incident, Prakash died on the spot.
4. On the basis of the aforesaid report, an FIR No.116/2021
was registered against Jitendra, Madan Lal, Urga Lal, Manish Siya
Ram and Gautam (the present petitioner) at Police Station
Bhawanda, District Nagaur for offences under Sections 341, 323
and 302 of IPC.
5. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. Drawing
attention of the Court towards the FIR and chargesheet, learned
counsel submitted that a bare perusal of the FIR would disclose
the specific role assigned to the petitioner in the alleged crime is
that he ran over the tractor upon the body of the deceased when
he fell down after being beaten by the above named persons.
6. Learned counsel submitted that as per the statements of the
Medical Jurist recorded before the learned trial court as P.W.-01,
there are in total 44 injuries on several parts of body of the
deceased which were caused to him before his death. Learned
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counsel submitted that these injuries cannot possibly be caused
by the petitioner himself by running over the body of the deceased
with a tractor.
7. Learned counsel fervently contended that shoddy
investigation has been conducted in the present matter by the
investigating agency. To substantiate this contention, learned
counsel submitted that only the present petitioner has been
charge-sheeted in the present matter and offences as alleged
against all the other persons named as accused in the FIR have
not found to be true/proved by the investigating agency, whereas,
FIR and statements of various material prosecution witnesses
clearly show that the deceased was brutally beaten from which he
sustained incised and lacerated wounds before he was ran over by
the tractor. Learned counsel further submitted that the offending
vehicle (tractor) recovered at the instance of the petitioner does
not contain any blood stains, which prima facie proves the
innocence of the petitioner and indicates an exaggerated role in
commission of the alleged crime has been assigned to the
petitioner in the chargesheet submitted by the investigating
agency before the learned trial Court.
8. Lastly, learned counsel submitted that the petitioner is in
judicial custody since 06.11.2021; no recovery is due to be made
from him; investigation in the matter has already been completed
and the trial of the case will take sufficiently long time to
conclude, therefore, the benefit of bail may be granted to the
petitioner.
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9. Per Contra, learned Public Prosecutor has vehemently
opposed the bail application and submitted that there are serious
allegations levelled against the present petitioner. Therefore,
looking to the seriousness of the allegations and gravity of the
offences, the present bail application filed by the petitioner should
be rejected straightaway.
10. Heard learned counsel for the parties at bar and perused the
material available on record.
11. Having considered the rival submissions, facts and
circumstances of the case and after perusing the postmortem
report of the deceased and statements of Investigating officer and
medical jurist, this Court prima facie finds that there are in total
44 marked injuries on the body of the deceased including but not
limited to his head, arms, legs and abdominal and the cause of
death is excessive blood loss from numerous injuries caused to
him before his death. This Court also prima facie finds that the
tractor allegedly used by the petitioner in commission of the
alleged crime which was recovered by the investigating agency
from the possession of the petitioner does not contain any blood
stain.
12. The argument of the learned counsel for the petitioner that
the complete investigation in the matter is under a shadow of
doubt as none other than petitioner has been chargesheeted by
the investigating agency despite there being clear indication of the
deceased being beaten by several person before him being ran
over by the petitioner, cannot be gone into at this stage as the
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same is required to be considered by the competent criminal Court
on the basis of the material and evidence produced before it.
13. The petitioner is in judicial custody since more three and a
half years and till date out of 39 cited prosecution witnesses,
statements of only 8 cited prosecution witnesses have been
recorded before the learned trial court. Prima facie, there is no
material available on record to indicate that the delay in trial is
attributable to the petitioner and the learned Public Prosecutor has
not shown any apprehension of the petitioner influencing the
remaining material prosecution witnesses of the case or tampering
with the evidence or fleeing away from justice, in case he is
enlarged on bail on this Court. Thus, without expressing any
opinion on the merits/demerits of the case, this Court deems it
just and proper to enlarge the petitioner on bail.
14. Consequently, the second application for bail filed under
Section 439 Cr.P.C. (483 BNSS) is allowed. It is ordered that the
accused-petitioner- Gautam S/o Shri Ugra Ram, arrested in
connection with F.I.R. No.116/2021, registered at Police Station
Bhawanda, District Nagaur, 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.
15. It is however, made clear that findings recorded/observations
made above are for limited purpose of adjudication of instant bail
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application. The learned trial court shall not get prejudiced by the
same.
(KULDEEP MATHUR),J
270-himanshu/-
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