[2025:RJ-JP:17032] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 4276/2025 Aslam Khan @ Ashu S/o Munawwar Ali, Aged About 21 Years, R/o Plot No.45, Fakiro Ki Masjid Ke Peeche, Kotadi, Kota, Police Station Gumanpura, Disrict Kota (Raj.) (At Present Confined In Central Jail, District Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Pawan Kumar Verma For Respondent(s) : Mr. Vijay Singh Yadav, PP with Mr. Gaurav Gupta, AAAG HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 22/04/2025 1. Instant second bail application is preferred by petitioner Aslam Khan @ Ashu S/o Munawar Ali in sessions case No.174/2024 arising out of FIR NO.554/2023 registered at P.S. Kaithoon, Dist. Kota Rural and presently pending before learned Additional Sessions Judge No.3, Kota. 2. On earlier occasion, first bail application of petitioner accused was dismissed by this Court on 10.10.2024. 3. Learned counsel for petitioner while referring the evidence recorded so far has submitted that petitioner is an innocent person and he was falsely implicated by police. He further submitted that petitioner was neither named in FIR nor his role was explained by any of witness examined before the trial court. He further submitted that petitioner was charged with aid of [2025:RJ-JP:17032] (2 of 3) [CRLMB-4276/2025] Section 149 IPC as there is no evidence of direct involvement of petitioner. He also referred the slow pace of disposal of sessions case and submitted that till date, only 11 witnesses were examined by the prosecution and further it will take time to examine remaining witnesses. At last, he submitted that petitioner is ready and willing to abide by any condition imposed by Hon’ble Court. 4. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted report received from P.S. Kaithoon about pendency of four criminal cases against the petitioner. 5. A perusal of material clearly reflect that on 24.12.2023 Ram Raj Suman (brother of deceased Manoj) has lodged FIR No. 554/2023 for brutal murder of his brother by knife blows. During investigation, police has recorded statement of eye-witnesses and collected the evidence. After evidence, police has recommended charge-sheet against a juvenile T @ P, Ankaj Meena @ Rama, Ajay Verma @ Marode, Vishal Bheel @ Bakya, Aslam Khan @ Aanshu, Toofan Singh @ Rahul @ Katappa, Rajesh Dubey @ Bacha @ Punni, Raj @ Kalu but kept pending investigation against Ashu @ Murga under Section 173(8) of Cr.P.C. 6. A perusal of post mortem report of Manoj indicate Nine ante mortem injuries and out of 9 injuries 8 were stabbed wounds. According to opinion of medical jurist the cause of death is shock as a result of ante mortem chest injuries. A perusal of number of injuries inflicted on vital part clearly reflect intention to commit murder. 7. This Court has considered statement of PW-2 Nand Bihari and PW-4 Neeraj Mehta while considering bail application on [2025:RJ-JP:17032] (3 of 3) [CRLMB-4276/2025] 10.10.2024. We have gone through the statement of witnesses recorded from PW-1 to PW-11 as placed on record. Also perused the allegation made against the petitioner and also findings recorded in charge-sheet. As per police, 46 witnesses were listed as prosecution witnesses for examination in support of charge- sheet but out of 46, some of them are formal witnesses and not required to examine them before the trial court. 8. Having considered the fact that the charge against the petitioner is under Section 302 read with 149 IPC and charge of murder is one of the serious charge levelled against any person. We have already considered outcome of material witnesses as referred by learned counsel, therefore looking to overall circumstances and evidence as examined by prosecution, I am of considered view that this is not a fit case wherein bail can be granted. 9. As a result, bail application filed by petitioner-Aslam Khan @ Ashu S/o Munawwar Ali under Section 483 BNSS is hereby dismissed. 10. Misc. application stands disposed of. (ASHOK KUMAR JAIN),J PREETI VALECHA /02