Dismissed¶28

Aslam Khan @ Ashu S/O Munawwar Ali v. State of Rajasthan

Rajasthan HC22 Apr 2025CRLMB/4276/2025

Case brief

AI extract

What is this about?

Rajasthan High Court Jaipur; S.B. Criminal Miscellaneous 2nd Bail Application No. 4276/2025; Justice Ashok Kumar Jain; decided 22/04/2025; bail rejected/dismissed; murder; Section 302 read with 149 IPC; Section 483 BNSS; Section 173(8) Cr.P.C.; FIR No.554/2023 P.S. Kaithoon Dist. Kota Rural; Sessions Case No.174/2024; petitioner Aslam Khan @ Ashu (also Aslam Khan @ Aanshu); deceased Manoj; complainant Ram Raj Suman; earlier bail application dismissed 10.10.2024; PW-1 to PW-11 examined; 46 prosecution witnesses listed; four other criminal cases pending against petitioner; juvenile co-accused; miscellaneous application disposed of.

What did the court decide?

Looking to overall circumstances and the evidence examined by the prosecution, the Court held that this is not a fit case wherein bail can be granted to the petitioner. ¶27

Aslam Khan @ Ashu S/O Munawwar Ali Vs State… — Murder and Culpable Homicide | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶28

Issue for consideration

Whether bail should be granted to petitioner Aslam Khan @ Ashu in Sessions Case No.174/2024 (FIR No.554/2023, P.S. Kaithoon, Dist. Kota Rural), who faces a charge under Section 302 read with 149 IPC for the murder of Manoj while the trial is in progress. +1 more

¶12

Court's answer

Looking to overall circumstances and the evidence examined by the prosecution, the Court held that this is not a fit case wherein bail can be granted to the petitioner.

¶27

Ratio / Principle

The charge against the petitioner is under Section 302 read with 149 IPC, and the charge of murder is one of the serious charges levelled against any person.

¶27

Key takeaways

Perusal of the post-mortem report of the deceased showed nine ante-mortem injuries, eight of them stab wounds, death caused by shock as a result of ante-mortem chest injuries, and infliction of injuries on vital parts reflecting intention to commit murder.ratio¶21

Detailed headnote1 paragraphs

Bail refused – murder case; second bail application under Section 483 BNSS dismissed. Aslam Khan @ Ashu (aged about 21), accused in Sessions Case No.174/2024 arising out of FIR No.554/2023 (P.S. Kaithoon, Dist. Kota Rural), pending before Additional Sessions Judge No.3, Kota, sought bail for a second time; his first bail application had been dismissed on 10.10.2024. The FIR was lodged on 24.12.2023 by Ram Raj Suman (brother of the deceased Manoj) reporting a brutal knife-blow murder; the post-mortem showed nine ante-mortem injuries (eight stab wounds) with death from shock due to ante-mortem chest injuries, which the Court read as showing intention to commit murder. Petitioner was charge-sheeted among several accused (as 'Aslam Khan @ Aanshu'); counsel argued he was neither named in the FIR nor directly involved, being charged only with the aid of Section 149 IPC, and that only 11 witnesses had been examined so far; the Public Prosecutor opposed, citing four pending criminal cases against the petitioner. The Court, having gone through statements of PW-1 to PW-11 and noting that the charge under Section 302 read with 149 IPC (murder) is a serious charge, held that looking to overall circumstances and the evidence examined by the prosecution this was not a fit case for bail; the bail application was dismissed and the miscellaneous application stood disposed of.

¶1

[2025:RJ-JP:17032]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous 2^nd Bail Application No. 4276/2025

¶4

Aslam Khan @ Ashu S/o Munawwar Ali, Aged About 21 Years, R/o Plot No.45, Fakiro Ki Masjid Ke Peeche, Kotadi, Kota, Police Station Gumanpura, Disrict Kota (Raj.) (At Present Confined In Central Jail, District Kota).

¶5

----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s)	: Mr.	Pawan Kumar Verma
For Respondent(s)	: Mr.	Vijay Singh Yadav, PP with
	Mr.	Gaurav Gupta,AAAG

¶10

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order

¶11

22/04/2025

¶12

Instant second bail application is preferred by petitioner Aslam Khan @ Ashu S/o Munawar Ali in sessions case No.174/2024 arising out of FIR NO.554/2023 registered at P.S. Kaithoon, Dist. Kota Rural and presently pending before learned Additional Sessions Judge No.3, Kota.

¶13

On earlier occasion, first bail application of petitioner accused was dismissed by this Court on 10.10.2024.

¶14

Learned counsel for petitioner while referring the evidence recorded so far has submitted that petitioner is an innocent person and he was falsely implicated by police. He further submitted that petitioner was neither named in FIR nor his role was explained by any of witness examined before the trial court. He further submitted that petitioner was charged with aid of

[2025:RJ-JP:17032]

[CRLMB-4276/2025]

(2 of 3)

Section 149 IPC as there is no evidence of direct involvement of petitioner. He also referred the slow pace of disposal of sessions case and submitted that till date, only 11 witnesses were examined by the prosecution and further it will take time to examine remaining witnesses. At last, he submitted that petitioner is ready and willing to abide by any condition imposed by Hon’ble Court.

¶19

Aforesaid contentions were opposed by learned Public Prosecutor and he submitted report received from P.S. Kaithoon about pendency of four criminal cases against the petitioner.

¶20

A perusal of material clearly reflect that on 24.12.2023 Ram Raj Suman (brother of deceased Manoj) has lodged FIR No. 554/2023 for brutal murder of his brother by knife blows. During investigation, police has recorded statement of eye-witnesses and collected the evidence. After evidence, police has recommended charge-sheet against a juvenile T @ P, Ankaj Meena @ Rama, Ajay Verma @ Marode, Vishal Bheel @ Bakya, Aslam Khan @ Aanshu, Toofan Singh @ Rahul @ Katappa, Rajesh Dubey @ Bacha @ Punni, Raj @ Kalu but kept pending investigation against Ashu @ Murga under Section 173(8) of Cr.P.C.

¶21

A perusal of post mortem report of Manoj indicate Nine ante mortem injuries and out of 9 injuries 8 were stabbed wounds. According to opinion of medical jurist the cause of death is shock as a result of ante mortem chest injuries. A perusal of number of injuries inflicted on vital part clearly reflect intention to commit murder.

¶22

This Court has considered statement of PW-2 Nand Bihari and PW-4 Neeraj Mehta while considering bail application on

[2025:RJ-JP:17032]

[CRLMB-4276/2025]

(3 of 3)

10.10.2024. We have gone through the statement of witnesses recorded from PW-1 to PW-11 as placed on record. Also perused the allegation made against the petitioner and also findings recorded in charge-sheet. As per police, 46 witnesses were listed as prosecution witnesses for examination in support of chargesheet but out of 46, some of them are formal witnesses and not required to examine them before the trial court.

¶27

Having considered the fact that the charge against the petitioner is under Section 302 read with 149 IPC and charge of murder is one of the serious charge levelled against any person. We have already considered outcome of material witnesses as referred by learned counsel, therefore looking to overall circumstances and evidence as examined by prosecution, I am of considered view that this is not a fit case wherein bail can be granted.

¶28

As a result, bail application filed by petitioner-Aslam Khan @ Ashu S/o Munawwar Ali under Section 483 BNSS is hereby dismissed.

¶29

Misc. application stands disposed of.

¶30

(ASHOK KUMAR JAIN),J

¶31

PREETI VALECHA /02

Aslam Khan @ Ashu S/O Munawwar Ali v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Aslam Khan @ Ashu S/O Munawwar Ali v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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