[2025:RJ-JP:40995] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 12891/2025 Taufiq Khan @ Rahil S/o Subedar, Aged About 22 Years, R/o Chimrawli Gaur, Police Station Laxmangarh, District Alwar, Rajasthan. (Accused In Central Jail, Alwar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rakesh Kumar Mr. Abhimanyu Singh Bhati Ms. Nisha Jhankariya For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 08/10/2025 1. Instant 2nd bail application under Section 483 of BNSS is filed by the applicant-accused Taufiq Khan @ Rahil S/o Subedar seeking bail in respect of a criminal case registered as FIR No.190/2024 dated 02.05.2024 registered at P.S. Malakheda, District-Alwar, for the offence under Sections 143, 302 and 120-B of 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 [2025:RJ-JP:40995] (2 of 5) [CRLMB-12891/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicant submits that after dismissal of bail application on 06.08.2025, the statement of four witnesses were examined and non of them have mentioned role and involvement of present applicant. He also submits that PW-3 is an eye-witness and in his Examination-in-Chief, he has not named present applicant. As an accused, he also submits that two persons Subhash and Bablu were named as eye-witnesses, but they were not named by prosecution as witnesses. He further submits that on the basis of certain call details, present applicant was arrayed as an accused though he is not named in FIR itself. 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 applicant-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. First bail application of present application was dismissed by this Court on 06.08.2025 with following observations:- (i) On basis of report dated 02.05.2024 about incident on 01.05.2024 whereby a report was registered and matter was investigated. During investigation, role and involvement of Tofiq Khan @ Rahil and Iesar Singh Gurjar were established, in murder of Vishvendra Jat. The Police has verified crime scene and prepared site plan and also [2025:RJ-JP:40995] (3 of 5) [CRLMB-12891/2025] recovered stick from petitioner accused Iesar Singh Gurjar. (ii) Learned counsel have submitted that Sunil and Rohit were granted bail. Rohit is a juvenile who was driving the vehicle at the time of alleged incident whereas as per police report, the investigation is kept pending against Sunil Gurjar under Section 173(8) CrPC. A Co-ordinate Bench has dismissed revision petition Nos.1021/2024 and 1022/2024 in respect of Rohit Singh and Moeen Khan and denied bail to them. (iii) The status report received from trial Court indicate that after framing charge, accused Asdeen Khan and Banti Singh remained absent and their bail and bond were forfeited. 7. After dismissal of said bail application, 4 witnesses were examined by the prosecution. The report is lodged on 02.05.2024 by complainant Damodar Choudhary, who was examined as PW-3 before the Trial Court and in his Examination-in-Chief, he named Sunil Gurjar, Iesar Singh Gurjar, Chela, Mahesh, Rohit and Moeen though this applicant has indicated involvement of other persons, who were not named by him as he has not aware about their names. The evidence of PW-3 suggested that Bablu and Subhash were eye-witnesses. A copy of charge-sheet filed by police clearly indicate that neither Subhash nor Bablu were listed as a witness. Present applicant was arrested on 13.05.2024 and his information under Section 27 is recorded on 13.05.2024 about hitting deceased by I20 car. The [2025:RJ-JP:40995] (4 of 5) [CRLMB-12891/2025] conclusion drawn by police clearly indicate that 8 persons were involved in the incident. 8. Two persons Asdeen Khan Singh and Bunty Singh were already released on bail. PW-3 has not named present applicant and prosecution has not included Bablu and Subhash as eye-witness, who were named by PW-3. At the stage of bail, this Court cannot consider the grounds on merits, but considering the evidence brought on record so far particularly after recording statement of PW-3 (Damodar Choudhary), it is appropriate to consider case of present applicant for grant of bail. 9. Thus, the instant 2nd bail application filed on behalf of applicants-accused Taufiq Khan @ Rahil S/o Subedar, is hereby allowed and ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. [2025:RJ-JP:40995] (5 of 5) [CRLMB-12891/2025] 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J GAURAV /11