[2025:RJ-JP:35735] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 703/2025 Abbas Ali S/o Joyab Ali, Aged About 43 Years, R/o Purana Bus Stand Khnapur District Jhalawar. (At Present Confined In District Jail, Jhalawar (Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 26/08/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Abbas Ali S/o Joyab Ali, seeking bail in respect of a criminal case registered as FIR No.283/2023 dated 28.08.2023 registered at P.S. Khanpur District - Jhalawar for the offence under Section 302 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:35735] (2 of 3) [CRLMB-703/2025] 3. Learned counsel for the petitioner submits that on basis of report lodged by the complainant Ali Husen, a criminal case under Section 302 IPC is registered and after investigation, a charge-sheet has been filed against the petitioner accused. He further submits that complainant Ali Husen is examined as PW-1 and he has not made any allegation against the petitioner accused. He further submits that mother of deceased is examined as PW-4 and she has also turned hostile. He further referred statement of PW-6 Ismail Ali and submits that he also already turned hostile. He also submits that none of the witnesses supported the case of prosecution and there is no connect or link of petitioner accused with the incident of murder. He also submits that 8 witnesses were examined so far and there is no eye-witness to the incident. 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 basis of a report lodged by Ali Husen on 28.08.2023 about suspicious death of one year old Mohammad and absence of present petitioner accused from home, a case is registered under Section 302 IPC. After investigation, Police has filed charge-sheet against the petitioner accused under Section 302 IPC. After framing the charge, 8 witnesses were examined so far. The evidence of PW-7 Dr. Mahavir Sharma suggest that the cause of death of one year old Mohammed [2025:RJ-JP:35735] (3 of 3) [CRLMB-703/2025] is manual strangulation. He further proved the post mortem report Ex.P3 but denied about suggestion in defence. PW-4 Yasmin who is mother of deceased and also wife of the present petitioner has turned hostile. PW-2 Ali Husen who registered report has deposed that only on ground of suspicion, he registered a report against Abbas Ali though in cross-examination, he denied suspicion of petitioner. PW-3 Sakir Hussain who is father of PW-4 Yashmin has turned hostile. PW-6 Ismail Ali has also turned hostile. The entire case rest on circumstantial evidence and still police witnesses were not examined. 7. 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. 8. 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. 9. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Abbas Ali S/o Joyab Ali, is hereby dismissed. (ASHOK KUMAR JAIN),J MR/35