[2025:RJ-JP:8449] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1412/2024 Mohammad Nazib Ansari S/o Mahrum Mohammad Hafeez Ansari, Aged About 30 Years, R/o H. No. 1032 JDA Colony, Govindpura, Sikharpura Road, Police Station Sanganer Sadar, Jaipur. Parental Address Village Fatehabad Nai Basti Tehsil Chanderi, District Ashok Nagar, Madhya Pradesh. (At Present In Judicial Custody In Central Jail, Jaipur Since 20.12.2023). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rahul Agarwal, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP and Mr. Ajay Kumar, I.O., at present D.C., Vigilance, Nagar Nigam Jaipur. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 25/02/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.875/2023 registered at Police Station Sanganer Sadar, District Jaipur City (South) (Raj.) for the offence punishable under Section 302 of IPC. Later on, police filed charge- sheet in this matter for the offence punishable under Section 304B of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that complainant of this case, who are brother and sister of the deceased have been examined during the course of [2025:RJ-JP:8449] (2 of 3) [CRLMB-1412/2024] trial and they have not supported the prosecution case and have been declared hostile. Counsel submits that it is evident from the charge-sheet that deceased survived for five days after the alleged incident but no efforts were made to record her statement. Counsel further submits that till date, only 3 witnesses have been examined out of 22 cited prosecution witnesses. Charge-sheet has already been filed and trial will take considerable time in its conclusion. Petitioner is in custody since 19.12.2023 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner as also looking to the material made available in the form of charge-sheet, so also considering the fact that brother and sister of the deceased have been declared hostile and trial will take time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Mohammad Nazib Ansari S/o Mahrum Mohammad Hafeez Ansari shall be released on bail provided, he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the [2025:RJ-JP:8449] (3 of 3) [CRLMB-1412/2024] satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observation made herein above is only for decision of these instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN), J MADAN/36