[2025:RJ-JP:39295] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6459/2025 Danish Hanifi S/o Jafar Mohammad, Aged About 37 Years, R/o 11-B, Gulab Bag Bajrang Nagar Borkhera Kota Rajasthan. (At Present Confined At Central Jail Kota) ----Petitioner Versus State of Rajasthan, through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8378/2025 Aslam Sher Khan @ Chintu S/o Ahmed Ali, Aged About 37 Years, R/o Mayur House Bangali Coloni Gumanpura Kota Rajasthan. (At Present Confined At Central Jail Kota). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP Mr. Rajneesh Gupta, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN O R D E R DATE OF PRONOUNCEMENT :- 25/09/2025 1. These bail applications under Section 483 of BNSS have been filed on behalf of the petitioners, who have been arrested in connection with FIR No.478/2024 registered at Nayapura, District Kota City (Rajasthan) for the offences punishable under Sections 232(1), 126(2), 351(2), 351(3), 352 and 3(5) of the Bharatiya [2025:RJ-JP:39295] (2 of 4) [CRLMB-6459/2025] Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, charge-sheet for the offences punishable under Sections 232(1), 126(2), 351(2), 351(3), 352, 3(5), 111(2)(B) and 61(2) of BNS, 2023 has been filed in the court concerned. 2. Learned counsels for the petitioners submit that petitioners are innocent and they have falsely been implicated in this case. Counsel submits that at the time when the present FIR was lodged, the accused-petitioners were lodged at Central Jail Kota in connection with another criminal case (No.296/2024) registered at Police Station Gumanpura Kota City for offences under Sections 384, 341, 323, 365, 392, 34 and 120B IPC and Section 3/25 of Arms Act. The accused-petitioner Aslam Sher Khan @ Chintu @ Kaliya was lodged at Central Jail Kota, in connection with the aforesaid case since 30.07.2024 whereas Danish Hanifi @ Nai was in custody since 10.07.2024 and custody of both these accused persons were sought from the Central Jail, Kota for interrogation purpose of the present case and on the same day, vide separate arrest memos, both were arrested in the present case. It is submitted that in these circumstances, it is a clear cut case of false implication of the accused-petitioners in the present case. Counsel further argues that the present FIR has been lodged implicating the accused-petitioners with the sole motive and object to continue the custody of the accused-petitioners. After completion of investigation, charge-sheet has been filed. Petitioners are in judicial custody since long and no fruitful purpose would be served by keeping them behind the bars. They further submit that only on the basis of previous criminal antecedents, an accused cannot be made to suffer criminal [2025:RJ-JP:39295] (3 of 4) [CRLMB-6459/2025] prosecution in another case. The prosecution has to establish prima facie involvement of the accused-petitioner in a particular case. The bail application (No.15961/2024) of accused-petitioner Aslam Sher Khan @ Chintu arising out of FIR No.343/2024 registered at Police Station Gumanpura, District Kota City for offences under Sections 420, 406, 384 and 120B IPC, has already been accepted by Co-ordinate Bench of this Court vide order dated 06.01.2025. It is prayed that the bail applications may be accepted and the petitioners may be released on bail. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the bail applications. It is argued that petitioners are habitual offenders and are hardcore criminals as against them number of cases have been registered and thus, there are every chances that they would tamper with the evidence and would pressurize the witnesses. Learned counsel for the complainant submit that petitioner Aslam Sher Khan @ Chintu had been convicted in a case involving offence punishable under Section 302 of IPC but as the petitioner misused the liberty of bail and had committed serious crimes after he was released on bail, the benefit of suspension of execution of sentence was cancelled vide order dated 07.01.2021 passed in D.B. Criminal Bail Cancellation Application No.329/2020. 4. At this stage, learned counsel for the petitioner submits that Aslam Sher Khan @ Chintu @ Kaliya has already been acquitted in the aforesaid case as said appeal has been allowed by Hon’ble Division Bench of this Court. It is also submitted by learned counsel that almost seven cases have been lodged against the [2025:RJ-JP:39295] (4 of 4) [CRLMB-6459/2025] petitioner Aslam Sher Khan @ Chintu @ Kaliya during the period when he was in custody in connection with other cases. 5. I have heard the rival contentions advanced by the parties and perused the material available on record. 6. Taking into consideration all the material on record and the arguments put forward by both the sides, this Court is of the firm opinion that despite the fact that at the time of alleged offences petitioners were in jail and pendency of other case cannot be sole reason to deny the bail, the petitioners are not entitled to release on bail at the present stage of trial because the complainant has not yet been examined in the trial in this case and there is allegations against the petitioners that while there were in jail, complainant was attacked by their gang members so as to prevent him from testifying and giving evidence in other case. Hence, the bail applications are dismissed. However petitioners would be at liberty to renew the prayer of bail before the trial court after recording testimony of complainant. The trial court is requested to record testimony of the complainant of this case on priority basis. 7. The observations made herein is only for disposal of the bail applications and would not prejudice trial in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /56-57