HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11113/2024 1. Sharukh S/o Shri Sakir, Aged About 24 Years, Resident Of Village Chatta, Police Station Kotwali, District Mathura, Utter Pradesh Presently Tenant House No. 77, Krishna Colony, House Of Aarif Bhai, Gali No. 5, Near Madeena Maszid, Nahari Ka Naka, Shashtri Nagar, Police Station Shashtri Nagar, Jaipur. (Accused Petitioner Is Presently Confined In Central Jail, Jaipur) 2. Mohmmad Sakir @ Lala S/o Shri Mohmmad Sabbir, Aged About 24 Years, Resident Of House No. 5/99, Azad Colony, Near Nurani Maszid, Nahari Ka Naka, Shastri Nagar, Police Station Shastri Nagar, Jaipur. (Accused Petitioner Is Presently Confined In Central Jail, Jaipur) 3. Mosin Ahmmad S/o Shri Mohmmad Shareef, Aged About 27 Years, Resident Of House No. 79, Azad Colony, Near Nurani Maszid, Nahari Ka Naka, Shashtri Nagar, Police Station Shashtri Nagar, Jaipur (Accused Petitioner Is Presently Confined In Central Jail, Jaipur) ----Petitioners Versus State Of Rajasthan, Through The Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Sikander Ali Chopdar Mr. Talid Qureshi Mr. Javed Mohd. Khan Mr. Syed Saadat Ali Mr. Anshul Mathur Mr. Aafreen Rizvi Mr. Nadeem Qadeer For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 09/01/2025 1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of the accused-petitioners. The accused- petitioners have been arrested in connection with FIR No.374/2024 registered at Police Station Shashtri Nagar, District Jaipur City (North) for the offence(s) under Sections 103(1) and 3(5) of B.N.S. (2 of 3) [CRLMB-11113/2024] 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. He further submits that in the FIR itself, it is stated that there was some scuffle between the deceased and the accused-petitioners and the deceased had pain at his chest and thereafter, he became unconscious and was taken to the hospital where he declared dead. It is contended that in the post-mortem report, there is only one injury shown at his left forearm which is abrasion of size 2.5*2 cm which is not cause of death. It is also contended that in post-mortem report, the opinion was kept pending for receiving the FSL report and in the FSL report, no metallic poison etc. was found in the viscera of the deceased. The accused-petitioners are in judicial custody since 19.08.2024 and the trial/investigation of the case may take considerable time, therefore, the bail application of the accused-petitioners may be allowed. 3. Learned Public Prosecutor vehemently opposes the bail application. 4. Heard and perused the charge-sheet and case diary. 5. Admittedly, in post-mortem report, there is no injury at the vital part of the deceased, only one is found caused at forearm of the deceased. The abrasion of size 2.5*2 cm, is not cause of death. In the FIR itself narrated that the deceased had a chest pain and thereafter, he was taken to the hospital, therefore, considering the above facts, without further commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. (3 of 3) [CRLMB-11113/2024] 6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioners namely: (1) Sharukh S/o Shri Sakir, (2) Mohmmad Sakir @ Lala S/o Shri Mohmmad Sabbir, & (3) Mosin Ahmmad S/o Shri Mohmmad Shareef, in connection with FIR No.374/2024 registered at Police Station Shashtri Nagar, District Jaipur City (North), shall be enlarged on bail provided each 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 DEEPA RANI -44