[2025:RJ-JP:32018] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7534/2025 Nizam S/o Late Pyare Miyan, Resident Of Village Shahalampura, Police Station Sonp, District Tonk, At Present Residing/tenant At Kasim Malpura Valo Ka Makan, Gali No. 6, Ramsinghpura, Sector 35, Sanganer, Police Station Malpura Gate, Jaipur (East). (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Nitin Jain with Mr. Vaibhav Pareek For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 13/08/2025 1. This instant application for bail filed under Section 483 of BNSS by the applicant-accused Nizam S/o Late Pyare Miyan, in FIR No. 651/2024 dated 30.12.2024 registered at P.S. Malpura Gate District – Jaipur City (East), whereby the applicant-accused was charged under Sections 115(2), 126(2), 189(2), 103(1) of BNS. 2. The applicant was arrested on 01.01.2025 and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for petitioner submitted that the complainant Phool Hasan has registered a report about assault upon his nephew in the night of 29.12.2024, wherein he named Arif, Nizam and 10-15 other persons. He further [2025:RJ-JP:32018] (2 of 3) [CRLMB-7534/2025] referred statement of Phool Hasan recorded under Section 180 of BNSS and submitted that there was an initial scuffle between deceased and Nawab and Nizam but specific attribution about deadly assault is made upon Nawab. He submitted that there is one injury and same is inflicted by Nawab by stick. He further referred statement of eye-witness Khurshid and submitted that as per him, it was Nawab who made deadly assault with stick. He also submitted that only due to deadly assault from stick made by Nawab the deceased Kalam has died. He also referred statement of Nasrullah and submitted that he also named Nawab for specific injury. Learned counsel has further referred recovery in pursuant to information under Section 23(2) of B.S.A 2023 of Nawab and submitted that the stick used in assault was also recovered from Nawab. He also referred material on record and submitted that there is no role and involvement of present petitioner and it is established that he has not assaulted deceased Kalam. At last, he submitted that police has already filed a charge-sheet and the petitioner is no more required in custody and trial will take its own time. 4. Aforesaid contentions were opposed by learned public prosecutor. 5. Heard learned counsel for petitioner and learned public prosecutor. Perused the material placed on record. 6. On the basis of report lodged by complainant Phool Hasan on 30.12.2024 about assault in the night of 29.12.2024 the matter is investigated and after conducting post-mortem and recording statement of witnesses a charge-sheet has been [2025:RJ-JP:32018] (3 of 3) [CRLMB-7534/2025] filed against Nawab Khan, Nizam and Arif. A Co-ordinate Bench of this Court has dismissed bail application of Arif on 16.05.2025. 7. We have considered the evidence as suggested by learned counsel for petitioner and perused the statements of witnesses annexed with charge-sheet. It is apparent that at the time of incident Nizam and Arif were with Nawab Khan. Present petitioner Nizam is named by complainant in FIR and the material on record, truthfulness and correctness of the material forwarded by police can be considered during course of trial. The petitioner accused is charged for acting in furtherance of common intention. 8. At this stage, when charge-sheet has been filed and still trial has not began, it is not appropriate to consider role and involvement of present petitioner without recording statement of some of the material/eye-witnesses, who were present on spot, therefore, looking to heinousness and gravity of charge, this is not a fit case to enlarge petitioner accused on bail. 9. Hence, the instant bail application preferred by petitioner accused Nizam S/o Late Pyare Miyan, is hereby dismissed. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /262