[2025:RJ-JP:20785] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5374/2025 Arif S/o Late Kale Khan, R/o Dhanna Talai Khumaro Ki Chowki, Thana City Kotwali, District Tonk, Presently Tenant In Kasim Malpura Walo Ka Makan, Gali No 6, Ramsinghpura, Sector 35, Police Station Malpura, Jaipur (East) (At Present In Judicial Custody In Central Jail, Jaipur Since 1.1.2025). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Nitin Jain with Mr. Vaibhav Pareek For Respondent(s) : Mr. Naresh Kumar Gupta, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 16/05/2025 1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.0651/2024 registered at Police Station-Malpura Gate, District-Jaipur City (East) for the offences under Sections 126(2), 115(2), 189(2), 103(1) of the BNS. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record. 3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that no recovery has been affected against the present petitioner. As per the statements of witnesses recorded under Section 180 BNSS also, there is no previous enmity with the deceased-Mohd. Kalam or his family members. He further submits that no injury was [2025:RJ-JP:20785] (2 of 2) [CRLMB-5374/2025] attributed to him, the main offencer is co-accused Nawab. Charge- sheet has been filed. The petitioner is behind the Bar since 01.01.2025. The trial of the case may take considerable time, hence the bail application of the petitioner may be allowed. 4. Learned Public Prosecutor has vehemently opposed the bail application and stated that as per the statement recorded under Section 180 of BNSS, it is evident that the petitioner instigated the accused-Nawab to bring the wood stick and thereafter on the instigation given by the petitioner, things as it narrated by prosecution were happened, which leads to death of the deceased- Mohd. Kalam. Therefore, the petitioner played an active role in the incident. Hence, the petitioner may not be released on bail. 5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, especially the fact that the petitioner has played an active role in the incident but without expressing any opinion on the merits/demerits of the case, I am not inclined to grant benefit of bail to the petitioner. 6. Accordingly, the bail application under Section 483 B.N.S.S. is dismissed. (PRAMIL KUMAR MATHUR),J sunita/208