[2025:RJ-JD:44644]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 12502/2024 Sherdil S/o Nayajudin, Aged About 21 Years, R/o Karbala Colony, Udaimandir, Jodhpur,raj. (At Present Lodged In Central Jail, Jodhpur)

----Petitioner Versus

1. State Of Rajasthan, Through PP

2. Rakesh S/o Vishmaber Ji, Aged About 35 Years, R/o Kaluji Ki Bawari, Soorsagar, Jodhpur,raj.

----Respondents Connected With S.B. Criminal Miscellaneous 2^nd Bail Application No. 10545/2024 Sameer S/o Mohd. Aslam, Aged About 22 Years, R/o Janta Colony, Khetanadi P.s. Nagori Gate, Jodhpur (Presently Lodged In Central Jail, Jodhpur)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mahesh Thanvi Mr. Devansh Thanvi Mr. Firoz Khan Mr. Nishant Bora Mr. Javed Moyal For Respondent(s) : Mr. Ramesh Dewasi, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

10/10/2025

1. These second bail applications under Section 483 B.N.S.S. (439 Cr.P.C.) have been filed by the petitioners who have been arrested in connection with F.I.R. No.64/2023, registered at Police Station Rajiv Gandhi Nagar, Jodhpur (City-West), for offences under Sections 147, 148, 149 and 302 of the IPC.

2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the present case, which is in connection with the murder of one Ramesh @ Mahakal. Learned counsel further submitted that as per the prosecution, the deceased – Ramesh was assaulted brutally by the petitioners and co-accused persons, namely, Ayan Belim, Abdul Rajjak, Mujahid Belim, Kasim Khan, Ramzan Ansari, Mohd. Ramzan, etc. with blunt as well as sharp weapons and stones, who succumbed to the injuries on the spot.

4. Learned counsel submitted that the co-accused persons, namely, Mujahid Belim & Abdul Rajjak (S.B. Criminal Misc. Bail Application No.14038/2024); Kasim Khan (S.B. Criminal Misc. Bail Application No.5309/2023); and Mohammed Ramjan @ Rijwan (S.B. Criminal Misc. Bail Application No.8901/2024) from whom, the blunt/sharp weapons allegedly used in commission of alleged crime were recovered, have already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 20.09.2025. Learned counsel further submitted that the case of present petitioners is not worse than that of the above named co-accused persons who have already been enlarged on bail by this Court.

5. Lastly, learned counsel for the petitioners submitted that the petitioners are in judicial custody and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioners.

5. Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that in the present case, specific allegation of brutally beating the deceased with blunt as well as sharp weapons has been levelled against the petitioners and therefore, looking to the seriousness of the allegations levelled against them, they do not deserves to be enlarged on bail. However, he was not in a position to refute the fact that above named co-accused persons have already been enlarged on bail.

6. The order dated 20.09.2025 passed by the co-ordinate Bench of this Court while granting bail to the co-accused persons is reproduced herein below:-

“The present bail application has been preferred by the petitioners under Section 483 of BNSS (Old Section 439 Cr.P.C.) in connection with FIR No.64/2023 registered at Police Station Rajiv Gandhi Nagar, District Jodhpur City West for the offences punishable under Section 147, 148, 149 &

302 IPC.

2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the material available on record.

3. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the matter. It is further submitted that one day prior to