[2025:RJ-JP:21330] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 5996/2025 Afsan Khan S/o Abdul Hakim, Aged About 25 Years, R/o Kausar Colony, Baran, Police Station Kotwali Baran, District Baran (Rajasthan) (At Present Confined In Sangota Jail, Kota) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Ms. Bobby Dutta For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 20/05/2025 1. Instant bail application is preferred by applicant-accused Afsan Khan in pending sessions case No. 26/2023 arising out of FIR No. 806/2022 P.S. Kotwali, District Baran wherein learned Sessions Judge has dismissed bail application under Section 483 of BNSS on 15.04.2025. 2. Learned counsel for applicant submits that first bail application of this applicant-accused was dismissed by this Hon’ble Court and afterwards several witnesses were examined before the Trial Court but till date none of the 10 witnesses examined by the prosecution have named and assigned any specific role of present petitioner. She further submits that the applicant is in custody since 28.11.2022 and the Trial Court has not concluded the trial. She also referred the statement of material witnesses produced by prosecution and submits that involvement of present applicant is [2025:RJ-JP:21330] (2 of 3) [CRLMB-5996/2025] not proved by the prosecution and keeping him behind the bar would serve no purpose. At last, she submits that no case either under Section 302 IPC or 307 IPC is made out from the evidence on record, so appellant-applicant is entitled to be released on bail. 3. Aforesaid contentions were opposed by learned Public Prosecutor. 4. Heard learned counsel for appellant and perused the material available on record. 5. On Parchabayan of Kuldeep @ Chotu recorded on 14.11.2022, an FIR No. 806/2022 was registered at P.S. Kotwali, Baran and police after investigation has filed charge-sheet against Virat Singh, Tarun, Samrat Singh and Afsan Khan under Sections 147, 148, 341, 323, 324, 460, 326, 307 and 302/149 IPC and also filed against Vansh @ Bhola, Ankit under Sections 147, 148, 341, 323, 324, 460, 326, 307, 302/149 IPC and 4/25 of Arms Act. Further filed charge-sheet against a Juvenile under Section 147, 148, 341, 323, 324, 406, 326, 307, 302/149 IPC. 6. After framing of charge by the Trial Court 10 witnesses were examined by the prosecution but still has to examine more witnesses. We have considered statement of PW-1 Dr. Om Parkash who examined present applicant-accused on 17.11.2022 and prepared report Ex. P.3 which indicate that two simple injuries were found on body of this applicant. PW-2 Kuldeep Pathak has named present applicant who assaulted the deceased and in his cross-exaination he has clarified that he is calling Afsan as Afzal. In cross-examination, PW-2 has admitted that from face of Afsan he can recognize accused. PW-3 Ravi Pathak is also eye-witness who also named present applicant-accused. PW-4 (Vishwendra [2025:RJ-JP:21330] (3 of 3) [CRLMB-5996/2025] Pathak) has also named present applicant-accused. We have considered the statement of other witnesses. 7. Having considered the evidence recorded so far, no case is made out for grant of bail at this stage. The period of incarceration is not sufficient to allow bail application of applicant-accused, who is charged for committing offence under Sections 302 and 307 IPC read with Section 149 IPC. 8. In view of discussions made herein-above, the bail application preferred by present appicicant-accused Afsan under Section 483 is hereby dismissed. (ASHOK KUMAR JAIN),J MONU /02