[2025:RJ-JP:50398] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Vth Bail Application No. 12170/2025 Salman Mohammed S/o Shri Shahzad Husain, Aged About 19 Years, R/o Ladpura P.s. Kaithun District Kota Rajasthan. (At Present Confined At Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Abdul Rahim Khan For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 15/12/2025 1. The instant fifth bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.113/2024 registered at Police Station Kaithun, District Kota, Rural for the offence(s) under Sections 147, 148, 149, 341, 323 and 307 of IPC. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. The fourth bail application of the accused-petitioner was dismissed by this court vide order dated 22.04.2025. It is contended by learned counsel for the petitioner that the trial has yet not been concluded and only 14 witnesses have been examined out of total 23 cited witnesses. It is also argued that co-accused Sameer was arrested and against him charge-sheet has been submitted and trial against Sameer Khan shall take more time. The accused-petitioner [2025:RJ-JP:50398] (2 of 3) [CRLMB-12170/2025] is behind the bar since 22.03.2024, therefore on the ground of long incarceration, the fourth bail application of the accused- petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application and contended that the fourth bail application of the accused-petitioner was dismissed by this court vide order dated 22.04.2025 and prior to that the petitioner's bail application was dismissed after considering the merits of the case. The report of the trial shows that out of total 23 cited witnesses 14 witnesses have been examined. It is alleged against the petitioner that he alongwith the other co-accused assaulted injured Shokat and Mustafa. Mustafa sustained three grievous injuries, the alleged offences against the petitioners are under Section 326 and 307 read with Section 34 of the IPC. The court has elaborately dealt with merits of the case and there is no change in circumstance except that the trial has proceeded further, therefore considering the above facts, the fifth bail application of the petitioner deserves dismissal. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case. This court has previously dismissed the bail applications of the petitioner on merits, as far as long incarceration of the petitioner is concerned the matter pertains to offences under Section 307 and 326 of IPC whether the offence under Section 307 of IPC is made out or not is a question of trial and it is not apposite for the court to express any opinion about the above fact, [2025:RJ-JP:50398] (3 of 3) [CRLMB-12170/2025] therefore, considering the above facts, this court is not inclined to enlarge the petitioner on bail. 6. Accordingly, the fifth bail application of the accused- petitioner is hereby dismissed. (PRAVEER BHATNAGAR),J ashu /1