Second bail application under Section 483 BNSS in a Sections 302/201 IPC murder case. Despite hostile and recanting witnesses on last-seen evidence, the court relied on CCTV presence, witness identifications, and DNA-matched blood on recovered clothes to refuse bail.
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[2025:RJ-JP:16837]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous IInd Bail Application No. 1390/2025
Shehzad Khan S/o Chotu Khan, Aged About 31 Years, R/o Mohanpura Police Station Indergarh District Bundi Presently Residing Shri Failiram Meena House/shop, Om Namah Shivay Pavitra Bhojnalay, Beside Titoli Toll Plaza, Dausa Lalsot Highway (At Present Accused Petitioner Confined In Central Jail Jaipur).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Mohd. Umar Farooq For Respondent(s) : Mr. Manvendra Singh, PP
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order
22/04/2025
The instant second bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 75/2022 registered at Police Station Aandhi, District Jaipur Rural for the offence(s) under Sections 302 and 201 IPC.
Learned counsel for the petitioner submits that the accusedpetitioner has falsely been implicated in this case. The first bail application of the accused-petitioner was dismissed as withdrawn vide order dated 14.03.2024. It is contended that the case based on the last seen and circumstantial evidence. The material witness PW-4 Adil, in his cross examination denied the fact that he identified the petitioner in the CCTV footage, similarly the other witness PW-7 Vishram Meena, turned hostile and did not support the prosecution story, the other witness to the last seen evidence has died during the course of the trial. The accused-petitioner is in
[2025:RJ-JP:16837]
[CRLMB-1390/2025]
(2 of 2)
custody since long and the trial of the case will take considerable time, therefore, the second bail application of the accusedpetitioner may be allowed.
Learned Public Prosecutor has opposed the bail application and contended that the petitioner committed murder of the deceased and his presence was captured in the CCTV footage. The investigating officer is yet to be examined, other material witnesses PW-5 Ravindra Singh and PW-6 Rakesh Kumar in their deposition clearly stated that they have identified the accusedpetitioner. It is also contended that blood soaked clothes of petitioner were recovered at the instance of petitioner and they were sent for forensic analysis, in the forensic analysis and DNA report blood was detected on the clothes of the petitioner matched with the deceased, therefore, considering the gravity of the offence, the second bail application of the accused-petitioner deserves to be dismissed.
Heard and perused the material available on the record.
Considering the fact that the presence of accused petitioner was found in the CCTV footage. It is not apposite for the court to comment upon the veracity of the witnesses PW-4 Adil and PW-7 Vishram Meena. Apart from the last seen, there are other incriminating material which were collected at the instance of petitioner therefore, considering the above facts, this court is not inclined to enlarge the accused-petitioner on bail.
Accordingly, the second bail application of the accusedpetitioner is hereby dismissed.
(PRAVEER BHATNAGAR),J
ashu /1
2 issues framed by the court
Whether the accused-petitioner should be enlarged on bail in a murder case resting on last-seen and circumstantial evidence where some witnesses turned hostile.
Whether CCTV footage identification and DNA-matched blood on recovered clothes disentitled the accused to bail.
2 provisions across 2 enactments
Shehzad Khan S/o Chotu Khan
State Of Rajasthan, Through PP
Praveer Bhatnagar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
