[2025:RJ-JP:40018] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1526/2025 Israil Khan @ Issi S/o Deen Mohammad, Aged About 45 Years, R/o Kale Khan Ka Vaas, Ghegholi, Ps Udhyog Nagar, District Alwar. (Raj.) (Accused Petitioner Is In Judicial Custody In Central Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Gupta Mr. Mukul Sharma For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Israil Khan @ Issi S/o Deen Mohammad, seeking bail in respect of a criminal case registered as FIR No.40/2024 dated 12.02.2024 registered at P.S. Vishali Nagar District - Alwar, for the offence under Sections 302 of 201 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:40018] (2 of 4) [CRLMB-1526/2025] applicant undertakes not to repeat offence and cooperate with trial, which will take time. 3. Learned counsel for the petitioner submits that on basis of recovery of three dead bodies, police has registered a criminal case under Sections 302 and 201 of IPC. He further submits that during investigation, police has found that one of the dead body was of Farmina @ Guddi and remaining two were of her son and daughter. He submits that on basis of suspicion of relation between present petitioner and Farmina, police has interrogated and implicated present petitioner and filed a charge-sheet under Sections 302 and 201 IPC. He further submits that neither there is evidence of any eye- witness nor relating to circumstantial evidence against the petitioner accused but still he is facing a serious charge of alleged murder of three persons. He further submits that after filing of charge-sheet, only 15 witnesses were examined so far and there are 35 witnesses. He also submits that the present petitioner accused is suffering from cancer and he desires to undergo treatment at super specialty hospital once released on bail. He submits that multiple times, petitioner was examined at Alwar Hospital and also at SMS Hospital, Jaipur but same are not enough to treat incurable deceased of present petitioner. At last, he submits that the present petitioner accused is in custody since 14.02.2024, and it is not likely that trial be concluded soon. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. [2025:RJ-JP:40018] (3 of 4) [CRLMB-1526/2025] 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 an information, SHO PS Vaishali Nagar, Alwar has investigated designated place on 12.02.2024 and on search, he found dead bodies of a female aged about 30-35 years, a girl aged about 12-14 years and a boy aged about 10-12 years. On examination of bodies, he suspected murder and registered an FIR under Sections 302 and 201 of IPC. During investigation, police has found that the deceased Farmina having a relation with present petitioner and was residing with present petitioner who used to torture her. On basis of evidence of circumstantial in nature, the present petitioner accused is arrested on 14.02.2024 and a charge-sheet has been filed against him. After framing the charge, the prosecution has examined several witnesses. According to learned counsel, 15 witnesses were examined but as per copy of list of witnesses, 24 witnesses were examined and only few are left. Last witness which was examined was PW- 24 on 29.07.2025. 7. The documents submitted by learned counsel indicate that the petitioner was referred to Surgical Oncology Department, SMS Hospital, Jaipur. The latest report indicate that due to difficulty in swallow-in, the petitioner was looked after at OPD of General Hospital, Alwar. The petitioner is an operated case of Ca buccal mucosa. The treatment of petitioner is taken care by the Prison authority and nothing abnormal is on record. [2025:RJ-JP:40018] (4 of 4) [CRLMB-1526/2025] 8. Considering the role and involvement of the present petitioner and also the medical as submitted by learned counsel for the petitioner, I am of considered view that for medical treatment, which is already undergoing while in custody, the present petitioner is not entitled to be released on bail. 9. 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. 10. 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. 11. Accordingly, the application for bail filed under Section 483 of BNSS preferred by the applicant-accused Israil Khan @ Issi S/o Deen Mohammad is hereby dismissed. (ASHOK KUMAR JAIN),J MR/54