[2025:RJ-JP:37393] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IInd Bail Application No. 10481/2025 Amir Khan S/o Jakir @ Bhurra, Aged About 28 Years, R/o Nagatlaai, Kalli Ka Katta, Jaipur Raj. Permanent Address Mohalla Tuli, Village Naujheel P.S. Naujheel, Distt. Mathura, Uttar Pardesh. (At Present Petitioner is Confined in Central Jail Jaipur). ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pallav Sharma For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 15/09/2025 1. Instant second bail application has been filed by the petitioner under Section 483 of BNSS in connection with FIR No. 231/2023 registered at Police Station Galta Gate, District Jaipur City (North) for offence(s) under Sections 143, 323, 341, 452 and 302 IPC. 2. This second bail application has been filed after recording statements of material witnesses of prosecution and in view of the liberty granted by this Court while rejecting the first bail application vide order dated 18.03.2024. 3. Counsel for accused-petitioner has argued that petitioner has falsely been implicated the accused persons in the present case for inflicting injuries to the deceased Akhil Ahmed. He submits that the cause of death of Akhil Ahmed is a single head injury, which is not attributed to petitioner, since only a belt has been [2025:RJ-JP:37393] (2 of 3) [CRLMB-10481/2025] recovered from the petitioner. He submits that mother of deceased Sajjo (PW-5) admits that petitioner Amir Khan was not present on 30.06.2023 i.e. which is date of incident; Petitioner is in custody since 07.07.2023 and does not have any criminal antecedents and the criminal trial is not likely to be concluded and the prolonged trial would cause violation of personal life and liberty of petitioner under Article 21 of the Constitution of India; There cannot be any threat for inducement of prosecution witnesses by the petitioner as statements of prosecution witnesses including mother, wife and father of deceased and other eye witnesses have been recorded. Therefore, petitioner be released on bail. 4. Learned Public Prosecutor has opposed the bail application. 5. Heard learned counsel for petitioner and learned public prosecutor and perused the material available on record. 6. Having considered the fact and circumstances of the present case and the fact that injury caused to deceased is not attributed to petitioner and the admission of mother of deceased that petitioner was not present at the time of incident; statements of prosecution witnesses including mother, wife and father of deceased and other eye witnesses have been recorded; there are no previous criminal antecedents of petitioner; petitioner is in custody since 07.07.2023 and criminal trial is not likely to be concluded, but without commenting on merits of the case, this Court deems it just and proper to release petitioner on bail. 7. Accordingly, the second bail application is allowed and it is ordered that accused-petitioner Amir Khan S/o Jakir @ Bhurra shall be released on bail provided, he furnishes a personal bond in [2025:RJ-JP:37393] (3 of 3) [CRLMB-10481/2025] the sum of Rs.50,000/- each with two sureties of Rs.25,000/- to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. 8. However, in addition to the usual terms and conditions, it is hereby directed that: (i) Accused-petitioner shall not leave District Jaipur without prior permission of the trial Court. (ii) Accused-petitioner shall not induce or influence or temper with any prosecution evidence/witness. (iii) In case, accused-petitioner is found involved in any offence, during bail granted by this Court or breach of conditions is reported or come to the notice of the Court, the same shall be a reason for the trial Court to cancel the bail, granted by this Court. (SUDESH BANSAL),J NITIN /1