Rajasthan High Court – Jodhpur
Rohitash Urf Kalava vs State Of Rajasthan (2025:Rj-Jd:27353) on 18 June, 2025
[2025:RJ-JD:27353]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5881/2025
Rohitash @ Kalava @ Kala S/o Ramkumar, Aged About 32 Years,
Village Channu Patee Tehsil Dungaria Khurd, Police Station
Narvana District Mahendragarh, Haryana
(At Present Lodged In District Jail Nagaur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ashok Bishnoi
For Respondent(s) : Mr. Ramesh Dewasi, Public Prosecutor
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
18/06/2025
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.569/2019, registered at Police Station
Kotwali Nagaur, District – Nagaur for the offences under Sections
Heard learned counsel for the petitioner and the learned
Public Prosecutor. Perused the material available on record.
Brief facts of the case are that one injured Dinesh, while
undergoing treatment at AIIMS hospital, Jodhpur gave a Parcha
Bayan on 28.11.2019 that when he, along with his brother
Narendra were going in their Tata Vista car from J.L.N. Hospital,
Nagaur at 1.15 p.m., a truck came from wrong side and hit their
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vehicle due to which his brother succumbed to the injuries
received by him and he also sustained injuries on his entire body.
On basis of the above statements, FIR No.569/2019 was
registered and after investigation, a charge-sheet for the offences
punishable under Sections 302, 307/149, 120-B and 201 IPC was
filed.
Learned counsel for the petitioner submitted that the
allegation against the present petitioner is that he had obtained
the Truck bearing registration No.HR-64A-7296 on rent and
provided the same to the co-accused Vijay Singh @ Choti on a
hotel near Rajgarh for the purpose of causing murder of Dinesh.
Learned counsel for the petitioner submitted that the
petitioner has been falsely implicated in the matter as it was a
simple case of an accident between two vehicles. Learned counsel
submitted that the main accused Saroj has been enlarged on bail
by Hon’ble the Apex Court vide order dated 15.10.2024.
Learned counsel for the petitioner further submitted that the
co-accused Avinash Parihar, Narendra Singh and Krishan @ Gopal
have been enlarged on bail by a Coordinate Bench of this Court
vide orders dated 09.02.2021, 15.02.2022 and 05.11.2024,
passed in S.B. Criminal Misc. Bail Application No.3883/2020,
15861/2021 and 13820/2023 respectively.
Similarly, co-accused Vijay Singh @ Choti have also been
enlarged on bail by a Coordinate Bench of this Court vide order
dated 21.01.2025, passed in S.B. Criminal Misc. Bail Application
No.14636/2024. The case of the present petitioner is on better
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footing than that of the co-accused aforesaid who have been
enlarged on bail.
Learned counsel further submitted that the accused
petitioner is in judicial custody since 14.02.2025 and as on date,
out of total 34 cited prosecution witnesses, statements of only 12
witnesses have been recorded. The trial would definitely take a
sufficiently long time and there would be no purpose keeping the
accused behind the bars till the conclusion of trial, therefore, the
accused-petitioner may be enlarged on bail.
Per contra, learned Public Prosecutor vehemently opposed
the bail application and submitted that there is active involvement
of the accused-petitioner in commission of murder of Narendra
and causing injuries to Dinesh. Therefore, he prayed that looking
to the gravity of the offence, benefit of bail may not be extended
to the petitioner.
The only allegation against the present petitioner is that he
had obtained the Truck bearing registration No.HR-64A-7296 on
rent and provided the same to the co-accused Vijay Singh @ Choti
on a hotel near Rajgarh for the purpose of causing murder of
Dinesh. Co-accused Vijay Singh @ Choti has already been
enlarged on bail by a Coordinate Bench of this Court. The case of
the present petitioner is on better footing than that of the co-
accused Vijay Singh @ Choti.
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.
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Consequently, the bail application under Section 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
Rohitash @ Kalava @ Kala S/o Ramkumar, arrested in
connection with F.I.R. No.569/2019, registered at Police Station
Kotwali Nagaur, 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.
(CHANDRA PRAKASH SHRIMALI),VJ
74-Ramesh Goyal, P.S./-
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