[2025:RJ-JP:30711] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12268/2024 Taufiq Khan @ Rahil S/o Subedar, Aged About 21 Years, R/o Chimrawli Gaur, Police Station Laxmangarh, District Alwar, Rajasthan. (Accused In Central Jail, Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 13975/2024 Iesar Singh Gurjar S/o Shri Dharmi Gurjar, R/o Gadh Police Station Rajgarh, District Alwar. (Presently Confined At Central Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rakesh Kumar through VC with Ms. Priyanka Chauhan and Mr. Abhimanyu Singh Bhati in S.B. Criminal Miscellaneous Bail Application No. 12268/2024 Mr. Kapil Gupta with Mr. Ankit Kumar in S.B. Criminal Miscellaneous Bail Application No. 13975/2024 For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 06/08/2025 1. These applications for bail are filed under Section 483 of BNSS by the petitioners-accused in FIR No.190/2024 registered at P.S. Malakheda District - Alwar, whereby the [2025:RJ-JP:30711] (2 of 4) [CRLMB-12268/2024] petitioners-accused have charged under Sections 143, 302 and 120-B of IPC. 2. Learned counsel for the petitioner Taufiq Khan submits that as per investigation report, this petitioner accused was not present at the time of incident. He further submits that this petitioner is neither named nor any his role and involvement is mentioned in the report. He further submits that as per facts of the case, this is a pure case of accident and just to frame the petitioner, he was arrayed as an accused. He also submitted that the prosecution has claimed that this petitioner accused was sitting on the rear seat of car and not driven the car. He further submits that there is neither any conspiracy nor any meeting of mind and moreover there is no mens rea to assault deceased. He also submitted that there is no animosity between present petitioner and deceased and the trial Court only on basis of that this petitioner has call details (CDR) with co-accused, has arrayed him as an accused but there is no specific or direct evidence on record to frame the charge against the petitioner. 3. Learned counsel for the petitioner Iesar Singh submits that this is a pure case of road traffic accident and there is no case of mens rea and deceased was not assaulted by petitioner accused. He further submits that the evidence on record clearly shows that at the time of altercation with deceased Vishvendra, petitioner is not present at Daba and no independent witness has corroborated and identified petitioner accused for involvement in the incident. He also [2025:RJ-JP:30711] (3 of 4) [CRLMB-12268/2024] submitted that all injures sustained by deceased Vishvendra is due to road accident. He referred material to show that there is no criminality or deliberate act on part of any of petitioner, who are in custody for quite some time, and disposal of sessions case will take time. 4. Aforesaid contentions were opposed by learned Public Prosecutor. Learned Public Prosecutor has submitted a report received from Police Station Malakhera, District Alwar. 5. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material placed on record. 6. 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 recovered stick from petitioner accused Iesar Singh Gurjar. 7. 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. 8. 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. [2025:RJ-JP:30711] (4 of 4) [CRLMB-12268/2024] 9. Having considered the totality of the facts and circumstances of the case, I am of considered view that the matter relate to grave and heinous charge against the petitioners, therefore, this is not a fit case to grant bail to the petitioners. 10. In view of discussion made hereinabove, bail applications filed by the petitioners Taufiq Khan @ Rahil and Iesar Singh Gurjar S/o Shri Dharmi Gurjar are hereby dismissed. The Trial Court is directed to ensure that after framing charge, material witnesses are examined without any delay. (ASHOK KUMAR JAIN),J MR/48-49