[2025:RJ-JP:15573] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 5995/2024 Arif @ Kilo S/o Sabir Ali, Aged About 20 Years, R/o Plot No. 480, Naya Jalupura, Police Station Bhatta Basti - At Present Tenant, Gurjar Chowk, Lankapuri, Ps Bhatta Basti, Jaipur. (At Present Confined At Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. S.S. Hasan, Sr. Adv. Assisted by Mr. Abdul Basit Naqvi For Respondent(s) : Mr. Jaiprakash Tiwari, P.P. HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Order 08/04/2025 The instant 2nd bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner in the matter arising out of F.I.R. No. 566/2022, registered at Police Station Vishwakarma, District Jaipur City (West) for the offence(s) punishable under Section(s) 147, 148, 149, 323, 341, 302 & 34 I.P.C. Learned Senior Counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the case, he has nothing to do with the alleged offence(s) and he is behind the bars since 26.12.2022. The other co-accused persons have already been enlarged on regular bail by Co-ordinate bench(es) of this Court. It is further submitted by learned senior counsel that 14 prosecution witnesses have been examined before the learned [2025:RJ-JP:15573] (2 of 3) [CRLMB-5995/2024] Trial Court and their statements have also been recorded. The prosecution witnesses No.5 & 14, namely Saurabh & Rehan (complainant) respectively, have turned hostile in their statements and did not support the story of the prosecution. Trial of the case is likely to take a long time to conclude. Till then his further incarceration would not serve any fruitful purpose and he is ready and willing to furnish his bail bonds. Therefore, the bail application deserves to be allowed. Learned Public Prosecutor has vehemently opposed the bail application. Heard learned counsel for the parties and perused the material available on record. Taking into consideration the submissions put forth, custody period of the petitioner, statements of the prosecution witnesses Nos.5 & 14 wherein they did not support the story of prosecution and turned hostile, the other co-accused persons have already been enlarged on bail and overall facts & circumstances of the case but without commenting upon detailed merits/demerits of the case, this Court deems it fit to enlarge the accused-petitioner on bail. Therefore, the 2nd bail application is allowed. Accused- petitioner namely Arif @ Kilo S/o Sabir Ali, shall be released on bail, if he is not required in any other case, provided he furnishes a personal bond in the sum of Rs.50,000/- (Fifty Thousand) together with two sureties in the sum of Rs.25,000/- (Twenty-five Thousand) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any [2025:RJ-JP:15573] (3 of 3) [CRLMB-5995/2024] other court to which the matter is transferred, on all subsequent dates of hearing and as and when he is called upon to do so. (VINOD KUMAR BHARWANI),J SAHIL SONI /2