[2025:RJ-JP:11023] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 1995/2025 Shakib S/o Rafiq, Aged About 33 Years, R/o Village Jurhari, Police Station Jurhara, District Bharatpur (Rajasthan) (Presently Accused In Judicial Custody At Sub Jail Deeg District Deeg). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Azad Ahmed, Adv. For Respondent(s) : Mr. Jai Prakash Tiwari, Dy. G A HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA Order 11/03/2025 1. This instant 2nd bail application has been filed by the petitioner under Section 483 B.N.S.S. in connection with FIR No. 251/2021 registered at Police Station Jurhara, District Bharatpur for the offence(s) under Sections 147, 148, 149, 323, 341 and 302 IPC (later on offence under Sections 323, 341, 302 and 34 IPC was found to have been made out). 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He is behind the bars since 03.03.2022. Learned counsel for the petitioner further submits that the matter is still pending before the Magistrate Court and the said Court has not committed the case for trial. Similarly situated co-accused Sabara @ Sayra has been enlarged on bail by the Hon’ble Apex Court vide order dated 11.12.2024 in Petition for Special Leave to Appeal (Criminal) No. 13637/2024. [2025:RJ-JP:11023] (2 of 2) [CRLMB-1995/2025] Conclusion of trial may take long time. So, the petitioner be enlarged on bail. 3. Learned Dy. G A has opposed the arguments advanced by learned counsel for the petitioner and submits that petitioner and other co-accused hatched a conspiracy and they inflicted injuries on the head of deceased Azim and Azim died due to the said injuries. So, the 2nd bail application filed by the petitioner be dismissed. 4. I have considered the arguments advanced by the learned counsel for the petitioner as well as learned Dy. G A. 5. As per the prosecution story, the petitioner and other co- accused hatched a conspiracy and they inflicted injuries on the head of the deceased Azim. As per the Postmortem Report, Azim died due to the said head injuries. During committal proceedings, the trial Court had taken cognizance against the accused persons. So, present case is pending before the committal Court for summoning the other accused persons. So, looking to the gravity of offence and nature of allegations levelled against the petitioner, I do not consider it a fit case to enlarge the petitioner on bail. 7. Hence, the 2nd bail application filed by the petitioner stands dismissed. 8. However, the trial Court is directed to commit the case of the petitioner by segregating it from other co-accused persons and sent it to the Court of Sessions for trial. 9. A copy of the order be sent to the trial Court for information/compliance. (NARENDRA SINGH DHADDHA),J Tahir/159