[2025:RJ-JP:34160] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.10729/2025 1. Haider Ali S/o Shri Sher Khan, Aged About 30 Years, R/o Vijay Solvex Road, Nahar Ke Upar, Samola, P.S. Aravali Vihar, Alwar, Presently R/o Village Phalodi, P.S. Sadas, District Chittorgarh. (Accused Presently Confined In Central Jail, Alwar). 2. Sarjeet @ Sanji S/o Shri Fajra @ Fajru, Aged About 34 Years, R/o Mamla Ka Bas, Tan Bhadoli, P.S. Malakhera, District Alwar. (Accused Presently Confined In Central Jail, Alwar) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. N.A. Naqvi, Sr. Adv. with Mr. Syed Adeel Naqvi, Adv. For Respondent(s) For Complainant : : Mr. Manvendra Singh, PP Mr. Anil Kumar Jain, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 27/08/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.127/2025, registered at Police Station Malakheda, District Alwar, for the offence(s) under Sections 189(2), 115(2), 126(2) and 74 of BNS. 2. Learned counsel for the petitioners submits that the accused- petitioners have falsely been implicated for the offences under Sections 117(2), 115(2), 126(2), 333, 109(1), 103(1) and 3(5) of [2025:RJ-JP:34160] (2 of 3) [CRLMB-10729/2025] BNS. It is contended that the specific allegation of causing injuries to deceased Akbari is against the other co-accused Rahish Khan. The eye-witness and the other injured in their statements rendered under Section 180 of BNSS have clearly stated that the co-accused Rahish caused injury at the head of the deceased Akbari. In the postmortem report it is opined that the deceased Akbari died due to head injury. The injuries sustained to the other injured Faizal, Farjina, Mausam and Shahruna were found to be simple blunt in nature, except the injury caused to one Noordeen. It is further contended that all the injured witness attributed their injuries to Rahish Khan and not to the present petitioners, accused petitioners are in custody since 12.04.2025 and 13.04.2025 respectively. The charge-sheet has already been submitted against the petitioners and trial of the case may take considerable time, therefore, the bail application of the accused-petitioners may be allowed. 3. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the grant of bail application. It is contended that accused- petitioners along with other co-accused assaulted the complainant party, which resulted into the death of the deceased Akbari and the person namely Noordeen, Shahruna, Mausam, Farzin, Faizal have also sustained injuries. The petitioners were member of the unlawful assembly and assaulted the deceased and other family members, therefore, considering the nature of allegations, the bail application of the accused-petitioners may be dismissed. 4. Heard and perused the material available on the record. [2025:RJ-JP:34160] (3 of 3) [CRLMB-10729/2025] 5. The specific attribution of causing the injury at the head of the deceased Akbari is against the other co-accused Rahish, it is not desirable to express anything on the merits of the case, considering the arguments advanced by learned counsel for the petitioners, this Court deems it proper to enlarge the accused- petitioners on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused petitioners- 1. Haider Ali S/o Shri Sher Khan and 2. Sarjeet @ Sanji S/o Shri Fajra @ Fajru, in connection with FIR No.127/2025, registered at Police Station Malakheda, District Alwar, shall be enlarged on bail provided both of them furnish a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-233