[2025:RJ-JP:38260] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1962/2025 Amit Khati @ Lakki S/o Shri Sunil @ Gatti, R/o Mohammadpur, Kankra, Police Station Behror District Alwar, (Raj.) (Accused Petitioner Is In Judicial Custody In Central Jail Alwar) ----Petitioner Versus The State Of Rajasthan, Through The Public Prosecutor. ----Respondent Connected With S.B. Criminal Miscellaneous II Bail Application No. 8125/2025 Pawan Gurjar S/o Shri Ramniwas, Resident Of Mohammadpur, Kankra, Police Station Behror District Alwar (Raj) (Accused Petitioner Is In Judicial Custody In Central Jail Alwar) ----Petitioner Versus The State Of Rajasthan, Through P.P ----Respondent For Petitioner(s) : Mr. Manish Gupta Ms. Shweta Soni For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/09/2025 These bail applications under Section 483 BNSS have been filed on behalf of the petitioners who are in custody in connection with FIR No.809/2022 registered at Police Station Bahror, District Kotputali for offences under Sections 143, 323, 341, 302, 307, and 365 IPC. After completion of investigation, chargesheet for [2025:RJ-JP:38260] (2 of 3) [CRLMB-1962/2025] offences under Sections 323, 341, 302 and 365 IPC has been filed in the court concerned. The accused petitioner Pawan Gurjar S/o Shri Ramniwas has filed this second bail application as first interim bail application (No.12889/2023) filed on his behalf was dismissed by learned Coordinate Bench on 05.10.2023. It is contended by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. They areinnocent and have nothing to do with the alleged incident. He argues that independent witnesses namely PW.2 Puran Singh, PW.3 Rampal, PW.4 Krishan and PW.5 Mahesh Rawat have not supported the prosecution case and turned hostile. He also argues that bail application of the co-accused Moti Gurjar has been accepted by Coordinate Bench. They are in custody since long whereas trial will take considerable time in its conclusion. Per contra, learned Public Prosecutor opposes the bail applications. It is submitted that there are ample evidence available on record against the petitioners. The injured eyewitness PW.12 Rajesh has supported the prosecution case and he has clearly deposed against the petitioners. He contends that in criminal cases, it is not the quantity of of the witnesses but the quality of witnesses which matters. As per the evidence of PW.21 Dr. Pankaj Yadav, who was one of the members of the medical board which conducted postmortem, there were as many as 21 injuries noticed on the dead body. As per the opinion of the medical board, cause of death was cardio-respiratory shock due to head injury and other multiple injuries. Although, bail application of co-accused Moti Gurjar has been accepted by coordinate bench [2025:RJ-JP:38260] (3 of 3) [CRLMB-1962/2025] but his case is totally on different footing in comparison to the petitioners. Lastly, he argues that trial is at fag end as prosecution evidence has been completed and statements of accused under Section 313 Cr.P.C. are going to be recorded. In the totality of facts and circumstances of the present case and considering the arguments advanced by learned counsel for the petitioners and learned Pubic Prosecutor and the testimonies of the prosecution witnesses including injured eyewitness Rajesh and PW.21 Dr. Pankaj Yadav, Member of the Medical Board, who conducted postmortem on the dead body as also the fact that the trial is at fag end, I am not inclined to accept the instant bail applications. Accordingly, both bail applications are dismissed. It is made clear that observation made herein is only for the disposal of the bail applications and would not prejudice trial in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /733