[2025:RJ-JP:2100] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 88/2025 Firoz Khan @ Popat S/o Munna Khan, R/o Ramsingh Ka Nagla, Police Station Kotwali, District Bharatpur (Raj.) (Accused Petitioner Presently Confined In Central Jail Sewar, Bharatpur). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ravindar Singh Faujdar, Adv. For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 15/01/2025 1. This instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.53/2024 registered at Police Station Kotwali Bharatpur, District Bharatpur (Raj.) for the offences punishable under Sections 302 & 364 of IPC. Later on, police filed charge-sheet for the offences punishable under Sections 302, 201 & 147 of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that the petitioner is not named in FIR. He submits that according to the prosecution case, alleged incident took place on 5/6 of December 2023 & on 07.12.2023 proceedings were initiated against him under Section 174 Cr.P.C. wherein it was found that deceased died on account of falling [2025:RJ-JP:2100] (2 of 3) [CRLMB-88/2025] down. Thereafter, on 10.01.2024 a criminal complaint was submitted before the concerned Magistrate and same was sent to the Police Station for registration of FIR and on 29.01.2024 impugned FIR was registered for the offence punishable under Section 302 & 364 IPC wherein after investigation police submitted charge-sheet against the petitioner including six other persons for the offences punishable under Sections 302, 201 & 147 of IPC. It is submitted that impugned FIR was registered on the basis of information furnished by one Pawan Kumar. The statement of said Pawan Kumar was recorded under Section 161 Cr.P.C. on 06.06.2024 wherein he stated that he and deceased was beaten up by 5-6 persons and entire incident was disclosed by him to the family members of the deceased. He submits that it was also mentioned by the said Pawan Kumar that he can identify the said persons but surprisingly, prior to the statement of Pawan Kumar, arrest of the petitioner has been made on 02.06.2024. Thus, there is a possibility that the statement given by said witness-Pawan Kumar is afterthought or concocted one & is not true. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner. He submits that Pawan Kumar who is the eye-witness of the incident has clearly stated that petitioner is involved in the commission of offence. 4. I have considered the contentions. [2025:RJ-JP:2100] (3 of 3) [CRLMB-88/2025] 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced at bar as also looking to the date of arrest i.e., 02.06.2024 & the statement of the aforesaid witness which was recorded on 06.06.2024; delay in lodging the report; charge sheet has been filed & the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. 6. This bail application is accordingly allowed and it is directed that accused-petitioner – Firoz Khan @ Popat S/o Munna Khan shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. (ANIL KUMAR UPMAN),J MADAN/S-453