[2025:RJ-JP:34290] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9456/2025 Shaitan @ Rohit S/o Mahaveer, Aged About 30 Years, R/o Kalareva, Police Station Simaliya, District Kota (Rajasthan). (At Present Confined In Central Jail Kota, District Kota). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Pankaj Sharma Mr. Manoj Seth For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/08/2025 1. The instant bail application under Section 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.36/2025 registered at Police Station Simliya, District Kota for offence under Section 103(1) BNS. After completion of investigation, police has filed charge sheet in the court concerned. 2. Learned counsel for the petitioner submits that accused- petitioner has falsely been implicated in this case. He submits that petitioner is innocent. He has not committed the alleged offence. There is no eyewitness of the alleged incident. He has been implicated in the present case only on suspicion. The entire case is based on circumstantial evidence. Investigation has been completed and charge sheet has been filed in the court concerned and as such, he is no more required for any custodial interrogation. He is in custody since 15.03.2025 and trial will take [2025:RJ-JP:34290] (2 of 2) [CRLMB-9456/2025] considerable time in its conclusion. The petitioner does not have any criminal antecedents. Further custody would not serve any fruitful purpose. 3. Learned Public Prosecutor vehemently opposes the bail application. He submits that there is serious allegations against the petitioner of murdering one girl by strangulating her with whom the petitioner was in love affair. A paper has been recovered from the pocket of lower, worn by the deceased wherein the deceased was asked by the petitioner to meet him on the roof in the night at 11:30 PM. The said paper was given by the petitioner to a boy named Arvind Sen, cousin of the deceased to further deliver it to the deceased. 4. During investigation, offence under Section 103 (1) BNS has been found proved against the petitioner. The evidence collected during investigation, prima facie, shows involvement of the accused petitioner and trial is at initial stage. Thus, having regard to the totality of facts and circumstances of the case and looking to the to the seriousness of allegations and gravity of offence that is strangulating a girl to death, but without making any comments on merits/demerits of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, this bail application is dismissed. 5. The observation made hereinabove is only for disposal of the instant bail application and would not prejudice trial in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /130