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[2026:RJ-JP:12288] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13791/2025 Raja S/o Jakir, Aged About 23 Years, R/o Nagtalai, Kali Ka Bhatta, Jaipur Permanent Address Mohalla Tuli, Village Naujheel Police Station Naujheel, District Mathura, U.P. (At Present Accused Petitioner Is Confined In Central Jail, Jaipur). ----Accused-Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pallav Sharma, Adv., with Mr. Sanjeev Kumar Sharma, Adv., and Ms. Madhu, Adv. For Respondent(s) : Ms. Arti Sharma, PP with Mr. M.S. Shekhawat, PP and Mr. Satyam Khandelwal, Adv., for complainant.
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 24/03/2026
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.231/2023 registered at Police Station Galta Gate, District Jaipur City (North) for the offences punishable under Sections 143, 323, 341 and 452 of IPC. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 143, 323, 341, 452 and 302 of IPC.
2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case.
Learned counsel submits that all material prosecution witnesses
[2026:RJ-JP:12288] (2 of 3) [CRLMB-13791/2025] including wife of the deceased, parents and eye witnesses have been examined during the course of trial. According to the postmortem report, cause of death is head injury, which is not specifically attributed to the petitioner. He further submits that two co-accused persons namely, Aamir Khan and Shahbaj have already been granted benefit of bail by a Co-ordinate Bench of this Court and case of the petitioner is also on similar footing and except a wooden stick, nothing has been recovered from the possession of the petitioner. He argues that according to the factual report, there are no criminal antecedents against the petitioner and trial of the case will take considerable time in its conclusion. He further submits that there is bleak chance of culmination of trial in near future as till date, only 6 witnesses have been examined out of 38 cited prosecution witnesses. He further argues that the petitioner is in custody since 03.07.2023 as such, he has suffered incarceration for the period of almost 33 months and further custody of the petitioner would not serve any fruitful purpose.
3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by the
learned counsel for the petitioner. Learned counsel for the complainant submits that case of the present petitioner is on different footing as co-ordinate Bench while granting the bail to aforesaid co-accused persons has specifically observed that no weapon was recovered from their possession, whereas wooden stick has been recovered at the instance of the present petitioner.
4. I have considered the contentions.
[2026:RJ-JP:12288] (3 of 3) [CRLMB-13791/2025]
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that two co-accused persons namely, Aamir Khan and Shahbaj have been granted benefit of bail by a Co-ordinate Bench of this Court; charge-sheet has been filed; there is bleak chance of culmination of trial in near future as till date, only 6 witnesses have been examined out of 38 cited prosecution witnesses as well as looking to the period of custody i.e. almost 33 months, 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- Raja S/o Jakir shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees Five Lakh Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) each to the 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 hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.
(ANIL KUMAR UPMAN),J MADAN/34