[2025:RJ-JP:31141] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7506/2025 Lakhan Suman @ Lakha S/o Devraj Suman, R/o Village Laayfal Main Road, Police Station Panwada, District Jhalawar (Raj.) (At Present Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 8269/2025 Rishi Urf Dhuliya Urf Shakti S/o Rakesh, Aged About 25 Years, R/o Hanuman Mandir Ke Pass, Prem Nagar Kota. (Presently Confined In District Jail Kota) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Gajveer Singh Rajawat in S.B. Criminal Miscellaneous Bail Application No. 7506/2025 Mr. Aman Ali in S.B. Criminal Miscellaneous Bail Application No. 8269/2025 For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/08/2025 1. These two applications for bail are filed under Section 483 of BNSS by the petitioners-accused in FIR No.239/2024 dated 09.08.2024 registered at P.S. Vigyan Nagar, District – Kota City, whereby the petitioners-accused have charged under Sections 309(6) and 311 of BNS, 2023. [2025:RJ-JP:31141] (2 of 4) [CRLMB-7506/2025] 2. Learned counsel for the petitioners relying upon grounds raised in bail applications submit that the petitioners are innocent and falsely implicated in the present case. Learned counsel for the petitioners submits that these two petitioners were neither named in FIR nor specific attribution is made upon any of these petitioners. Learned counsel further submit that after arrest there is no identification of any of petitioners to verify involvement of any of the petitioners. They further submit that none of the witnesses examined so far have named petitioners for involvement in the incident. He also submits that during investigation, these petitioners were arrested by police but no recovery is effected from any of petitioners. They also submit that these petitioners accused are in custody for last more than one year but the case trial has not concluded. 3. Aforesaid contentions were opposed by learned Public Prosecutor. 4. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material placed on record. 5. On earlier occasion, bail applications of petitioners co- accused Mohammad Firoz @ Afroz and Rohit @ Golu were dismissed by a Co-ordinate Bench of this Court on 25.09.2024. Thereafter, S.B. Criminal Bail Application of Arjun and 2nd bail application of Rohit @ Golu were also dismissed by a Co-ordinate Bench on 05.02.2025. 6. As per report, two boys after getting hold of Govind have snatched money from his pocket and when he resisted then he was assaulted with knife and when his Chacha Rajput [2025:RJ-JP:31141] (3 of 4) [CRLMB-7506/2025] rescued then he was also assaulted with knife. Police has investigated the matter and found that accused Arjun, Rishi Duliya and Mohammad Firoz @ Afroj, Rohit @ Golu, Lakhan Suman, Azharuddin and Ramesh Gurjar were involved in the incident and filed a charge-sheet under Sections 310(2), 311, 312, 111(2)(b) of BNSS against Arjun, Rishi Duliya and Mohammad Firoz @ Afroj and Section 310(2), 311, 312, 111(2)(b) of BNS, 3/25(6) of Arms Act against Rohit @ Golu, under Section 310(2), 311, 312, 111(2)(b) of BNS, 4/25 of Arms Act against Lakhan Suman @ Lakha, under Section 310(2), 311, 312, 111(2)(b) of BNS and Section 5/25(7) of Arms Act against Azharuddin and under Section 111(2)(b) of BNS and 5/25 (7) of Arms Act against Ramesh Gurjar. Petitioner accused Rishi @ Dholia is arrested on 10.08.2024 whereas Lakhan Suman on 14.08.2024. The evidence collected by police indicate that Rishi @ Dholia is main conspirator with accused Mohammad Firoz @ Afroj. The information recorded under Section 27 of Indian Evidence Act shows that Lakhan Suman @ Lakha disclosed information about use of knife at the time of incident. The statement of victim Govind is recorded as PW-2 and we have considered his statement as well. Injured Rajput is examined as PW-3 before the trial Court. PW-3 has named Mohammad Firoz @ Afroj and Rishi for loot of his money. 7. Having considered the totality and facts and circumstances of the case, this is not a fit case wherein looking to gravity of offence these petitioners can be enlarge on bail. [2025:RJ-JP:31141] (4 of 4) [CRLMB-7506/2025] 8. These bail applications filed by Lakhan Suman and Rishi @ Dhuliya are hereby dismissed. (ASHOK KUMAR JAIN),J MR/163-164