[2025:RJ-JP:14507] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4306/2025 Mohammad Sahil S/o Mohammad Samir, Aged About 26 Years, Resident Of 131/49-B, Begam Purwa, Police Station Babupurwa, District Kanpur, Uttar Pradesh At Present Tenant House Number 98-A, Pushpa Marg, Krishna Colony, Ramgarh Modh, Police Station Brahmpuri, Jaipur -Rajasthan, (At Present Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 4315/2025 Mohammad Jamir S/o Mohammad Samir, Aged About 30 Years, Resident Of 131/49-B, Begam Purwa, Police Station Babupurwa, District Kanpur, Uttar Pradesh At Present Tenant House Number 98-A, Pushpa Marg, Krishna Colony, Ramgarh Modh, Police Station Brahmpuri, Jaipur Rajasthan (At Present Confined In Central Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sikander Ali Chopdar, Mr. Javed Mohd. Khan For Respondent(s) : Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 01/04/2025 1. These instant bail applications have been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.196/2024 registered at [2025:RJ-JP:14507] (2 of 3) [CRLMB-4306/2025] Police Station Jaisinghpura Khor, District Jaipur City (North) for the offence(s) under Sections 323, 341, 307, 302 and 34 of IPC. 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. He further submits that in the FIR, the allegations were made against the four persons and it was specifically mentioned that Mohd. Arslaan caused injuries to the deceased Mohd. Salman and injured Mohd. Shahrukh. The role of the accused-petitioners is not specifically mentioned in the FIR. The accused-petitioners have not caused any fatal injuries to injured Mohd. Shahrukh and the deceased Mohd. Salman. It is also contended that Mohd. Sebu who has been named in the FIR has not been charge-sheeted. It is also contended that PW-1 Mohd. Shahrukh and PW-6 Hanjala @ Ejaan have also been turned hostile and not supported the prosecution story. It is also contended that the statement of PW-2 Sufiyan is after thought and exaggerated, and reliance cannot be placed upon his testimony. The other eye witness PW-7 Abujaid has also turned hostile and not supported the prosecution story. It is also contended that the main dispute was between Mohd. Arslaan and deceased Mohd. Salman and Hanjala @ Ejaam who went to the house of the other co-accused Mohd. Arslaan. The prosecution is failed to establish any motive regarding causing fatal injuries to the deceased Salman and injured Shahrukh. The accused-petitioners are in custody since 12.05.2024 and most of the eye witnesses have already been examined. The further trial of the case may take considerable time, therefore, these bail applications of the accused-petitioners may be allowed. [2025:RJ-JP:14507] (3 of 3) [CRLMB-4306/2025] 3. Learned Public Prosecutor has vehemently opposed these bail applications. 4. Heard and perused the material available on record. 5. PW-2 Sufiyan, who is the material witness in his deposition before the concerned Court has stated against the accused- petitioners. He has specifically stated that the petitioner Mohd. Jamir caused injuries with the aid of knife to the deceased Mohd. Salman and the petitioner Mohd. Sahil, grabbed the deceased Mohd. Salman from his back and Mohd. Arslaan caused injuries with the aid of knife resulting into death of Mohd. Salman. At this juncture, it is not desirable to express anything upon the probative value of the witness PW-2 Sufiyan, therefore, considering the statement of PW-2 Sufiyan, this Court is not inclined to enlarge the accused-petitioners on bail. 6. Accordingly, these bail applications of the accused-petitioners are hereby, dismissed. (PRAVEER BHATNAGAR),J Keshav/8-9