[2025:RJ-JP:40027] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12299/2025 Fajru S/o Shri Simru, Aged About 42 Years, R/o Karoli, Police Station Sadar, District Alwar (Raj.). (Presently Confined At District Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rizwan Ahmed For Respondent(s) : Mr. Atul Sharma Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Fajru S/o Shri Simru seeking bail in respect of a criminal case registered as FIR No.320/2025 dated 05.06.2025 registered at P.S. Sadar Alwar, District -Alwar, for the offence under Sections 189(2), 115(2), 126(2), 332(c) and 352 of BNS. 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:40027] (2 of 3) [CRLMB-12299/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submits that for incident of assault a report is registered by complainant Hanif against several persons but prior to current report a cross FIR no. 317/2025 is also registered from accused side by Rati Khan against Hanif and others. He further submitted that this is a case of free fight where complainant party was aggressor. He also referred bail order dated 01.09.2025 passed by learned Sessions Judge and submitted that three accused Ajani, Shahid and Shabir were granted bail and case of present petitioner is identical with them. He further submitted that persons from both side have suffered injuries and there is no criminal antecedent against the petitioner accused. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Learned counsel for complainant has opposed the bail application and submitted that six persons were injured and three of them have sustained grievous injuries. He further submitted that one of the grievous injury upon injured Jhahir was opined as dangerous to life and allegation is upon present petitioner. 6. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On the basis of report dated 05.06.2025 lodged by complainant Hanif against eleven named persons for assault [2025:RJ-JP:40027] (3 of 3) [CRLMB-12299/2025] in the night of 4/5 June,2025 current FIR no. 320/2025 is registered. Another cross FIR no. 317/2025 is also registered at the instance of Rati Khan for same incident and registered against 10 persons including complainant and injured of current case. Learned counsel for petitioner has referred nine injuries sustained by injured Fajru and we have considered injury report of Fajru. The police report in currenct case about MLC indicate that six injured have sustained injuries and grievous injury is upon injured Jhahir is opined as dangerous to life though two other injured Hanif and Arshad have also sustained grievous injuries. The attribution of injury of Jahir is upon present petitioner. 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 Fajru S/o Shri Simru is hereby dismissed. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /172