[2025:RJ-JP:37223] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1944/2025 Rahul @ Aau @ Ghanshyam S/o Jagdish, Aged About 21 Years, R/o 51-A, Near Keshavpura Masjid, Rajput Colony, Sector-4, Mahaveer Nagar, Kota City (Rajasthan). (At Present Confined In Central Jail Kota, District Kota) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Nitin Kumar Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Rahul @ Aau @ Ghanshyam S/o Jagdish seeking bail in respect of a criminal case registered as FIR No.396/2021 dated 08.11.2021 registered at P.S.Mahaveer Nagar, District – Kota City, for the offence under Sections 363 IPC. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2025:RJ-JP:37223] (2 of 3) [CRLMB-1944/2025] 3. Learned counsel for petitioner while referring order dated 14.11.2024 passed by a Co-oridnate Bench of this Court submitted that main accused Sonu, who was already granted bail under Section 439 Cr.P.C. He further submitted that the case of present petitioner is identical with Sonu and he was granted bail. He further submitted that petitioner was arrested on 11.11.2021 and since then, he is in custody. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of complaint lodged by Om Prakash Sharma about missing of his 17 years old daughter from 07.11.2021, a case is registered under Section 363 IPC. After investigation, police has found involvement of Sonu and present petitioner and filed a charge-sheet against them. The material on record indicated that 11 witnesses were examined till 06.02.2025. A Co-ordinate Bench of this Court has allowed 2nd bail application of Sonu on the ground that he is in custody for quite long time and trial has not concluded. 7. Very recently, Hon’ble Supreme Court has considered grounds for grant of bail in case of State of Karnataka Vs. Sri Darshan 2025 INSC 979. In case of Neeru Yadav vs State Of U.P. & Anr. AIR 2015 SUPREME COURT 3703 wherein Hon’ble Supreme Court has held that criminal [2025:RJ-JP:37223] (3 of 3) [CRLMB-1944/2025] antecedents is one of the important refusing in granting bail. The material on record indicated that trial is not concluded on time. The evidence collected by police indicated involvement and role of present petitioner with Sonu, who assaulted the deceased at the instigation of present petitioner. The manuscript submitted that police indicated that present petitioner has played vital role as main accused in the instant case. The PMR suggest 22 injuries on body of deceased and out of which 9 were from sharp edeged weapon. The offence is of a very serious nature wherein petitioner is main accused. 8. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 9. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 10. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Rahul @ Aau @ Ghanshyam S/o Jagdish is hereby dismissed. (ASHOK KUMAR JAIN),J PREETI VALECHA /26