[2025:RJ-JP:47830]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2^nd Miscellaneous Bail Application No. 15108/2025 Sonu @ Hasan Ali S/o Altaf Hussain, Aged About 31 Years, R/o Bakaramandi Sajideheda P.s. Kishorepura Kota. (At Present Confined In District Jail Kota).

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Amit Dadhich For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

25/11/2025

1. The second bail application under Section 483 of BNSS is filed by the applicant-accused Sonu @ Hasan Ali S/o Altaf Hussain seeking bail in respect of a criminal case registered as FIR No.114/2025 dated 09.07.2025 registered at P.S. Kishorepura District – Kota City, for the offence under Sections 115(2), 126(2), 109(1) and 3(5) 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 applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

3. Learned Counsel for the Petitioner submits that the first bail application was dismissed as withdrawn and now the statement of injured Aashik has been recorded as PW-1. He further submitted that the statements of Aashik Ali are general in nature and he has not named the present petitioner for assaulting him with a knife. He further submitted that the allegation is not against the present petitioner but against another person. He also referred to the cross-examination of PW-1 and submitted that animosity is also proved from the cross-examination of PW-1. At last, he submitted that the petitioner is in custody since his arrest and the disposal of the trial will take time

4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature.

5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

6. On the basis of the report lodged by Sameer Hussain about the assault in the afternoon of 09.07.2025 by Ahasan alias Nanu and Mustafa, and further by Sonu and Ahasan, FIR No. 114/2025 was registered at PS Kishorepura, Kota City. After investigation, police has filed charge-sheet. During investigation, injured Aashik Ali was examined as PW-1. The petitioner has been in custody since 13.07.2025. The police report suggests that five criminal cases were registered against the petitioner, out of which one has already been disposed of. During trial, PW-1 Ashik Ali named three persons—Sonu, Mustafa, and Nanu for the assault. We have considered his statement recorded under Section 183 of the BNSS and also considered the report submitted by Sameer. Learned counsel for the petitioner has maintained the allegation of assault using a knife is against Mustafa and not the present petitioner.

7. We cannot express any opinion on the merits of the case, but having considered the entire evidence on record, I am of the considered view that it is a fit case to enlarge the petitioner on bail.

8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant-

accused.

9. Thus, the instant bail application filed on behalf of applicant-

accused Sonu @ Hasan Ali S/o Altaf Hussain, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with