[2026:RJ-JP:5317] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 16649/2025 Aslam Sher Khan @ Chintu S/o Ahmed Ali, Aged About 44 Years, R/o Near Children School Chhawani Kota Rojhala New Dhanmandi Police Thana Gumanpura Kota. (At Present Confined At Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP Mr. Samarth Sharma HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/02/2026 1. Instant application for bail filed under Section 483 of BNSS by the applicant-accused Aslam Sher Khan @ Chintu S/o Ahmed Ali, in FIR No. 364/2024 dated 26.08.2024 registered at P.S. Gumanpura, District – Kota City, whereby the applicant accused was charged under Section 308(2) 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. He also submits that the [2026:RJ-JP:5317] (2 of 4) [CRLMB-16649/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submits that first bail application was dismissed on 25.08.2025 and thereafter statement of PW-1 Mohammad Zaki @ Sahil were recorded on 31.01.2026. He also submitted that report registered by Mohd. Zaki indicated that at the time of incident, present petitioner was in custody. He also referred the material on record and submitted that present petitioner was arrested on 24.07.2024 in relation to another matter and current FIR is registered on 26.08.2024 for incident between 29.07.2024 to 08.08.2024. He further submitted that the main allegation is upon Mumtaz, who has been granted bail by the trial court. He also submitted that when present petitioner was in custody, then it is not possible for him to make a call from jail and intimidate complainant PW-1. He further referred cross-exmaination of PW-1 and submitted that cheque dishonour cases were registered by Maumtaz against PW-1 and same are pending. He further submitted that the admission also indicated that three criminal cases were registered at different police station of Kota against PW-1 and present petitioner. At last, he submitted that petitioner is in custody for last more than one and a half year. 4. Learned Public Prosecutor and learned counsel for complainant have vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. Learned counsel for complainant has submitted that 27 cases were registered against the petitioner and he is [2026:RJ-JP:5317] (3 of 4) [CRLMB-16649/2025] operating an organized gang and charge of offence under Section 111 of BNS is charged against him. 5. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of report dated 26.08.2024 lodged by PW-1 Mohd. Zaki about alleged threat from phone call, FIR No.364/2024 dated 26.08.2024 was registered at P.S. Gumanpura, Kota City under Section 308(2) of BNS. The material on record indicated that petitioner is arrested on 14.05.2025 and since then he is in custody. After investigation, police has filed a charge-sheet against several persons including present petitioner and case is registered as sessions case No.235/2025 and pending before learned Additional Sessions Judge No.5, Kota. 7. During pendency of current bail application, this court has directed for recording of statement of complainant and on 31.01.2026, statement of PW-1 Mohd. Zaki is recorded by the trial court. A copy of statement is placed on record. 8. We have considered cross-examination of PW-1 as referred by learned counsel for petitioner in particular registration of criminal cases jointly against the complainant PW-1 and present petitioner and also dispute relating to mines along with pendency of cases against the complainant including cheque dishonour cases. 9. The material on record indicated that 23 criminal cases were registered against present petitioner and out of which, petitioner was acquitted in 6 cases, but he was convicted in [2026:RJ-JP:5317] (4 of 4) [CRLMB-16649/2025] three cases and remaining are pending before the trial courts. 10. Considering the criminal background of petitioner and also the fact that gangs are operated even from jail premises posing serious threat to well being of common man thus we are unable to accept the contentions raised by learned counsel for petitioner, therefore this is not a fit case to enlarge petitioner on bail. 11. 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. 12. 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. 13. Accordingly, the application for bail filed under Section 483 of BNSS preferred by Aslam Sher Khan @ Chintu S/o Ahmed Ali is hereby dismissed. (ASHOK KUMAR JAIN),J PREETI VALECHA /10