Rafiq Ahmad Alias Sonu S/O Shahabuddin Vs State of Rajasthan

[2026:RJ-JP:18727]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal 2nd Miscellaneous Bail Application No. 3406/2026

Rafiq Ahmad Alias Sonu S/o Shahabuddin, Aged About 32 Years, R/o Village Kyoldiya, Police Station Kyoldiya, District Barely, Uttar Pradesh. Currently A Tenant Of Bandri Ka Nashik, Police Station Subhash Chowk, Jaipur. (Accused Is Confined In Central Jail, Jaipur).

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----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. Manish Kumar Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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01/05/2026

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Instant application for bail is filed under Section 483 of BNSS by the petitioner-accused Rafiq Ahmed @ Sonu S/o Shahabuddin in FIR No.370/2024 dated 17.09.2024 registered at P.S. Jaisinghpura Khor District – Jaipur City (North), whereby the petitioner-accused has charged under Sections 103(1) of BNS.

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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

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applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

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Learned counsel for the petitioner submitted that twelve witnesses have already been examined by the trial court, but none of them have referred the petitioner as the person who remained in the company of the deceased at the time of death. He further submitted that PW8 Dinesh Kumar has specifically named the present petitioner for purchase of namkeen pouch, but no identification (TIP) was carried out from PW8. He also submitted that the wife of the deceased was examined as PW9 and she has turned hostile and not supported the case of the prosecution. He referred statement of PW10 and submitted that even he has not named the present petitioner as suspect. He further referred the statement and cross-examination of other witnesses and submitted that the evidence is not sufficient to draw any conclusion about involvement of the petitioner. He further submitted that even the intention behind the alleged murder is not established from any of the evidence. At last, he submitted that the present petitioner is in custody since his arrest on 24.9.2024 and the trial has not been concluded.

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Aforesaid contentions were opposed by learned Public Prosecutor.

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Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material placed on record.

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On basis of information to PCR, Narendra Singh (Sub Inspector) has visited crime scene with other policemen and found a dead body allegedly assaulted and murdered and

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registered a case. During investigation, the dead body was identified as body of Irfan and further statement of witnesses were recorded. It was found that the petitioner accused who was bachelor was having an eye upon wife of deceased and he tried to be-friend with her and to attain his goal he administered liquor to Irfan and further murdered him at lonely place. Police has identified only present petitioner for involvement in the incident and filed a chargesheet against the petitioner accused.

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After framing of charge, twelve witnesses are examined, till date. The first bail application of the present petitioner was dismissed by this Court on 21.8.2025 after considering the material evidence forwarded by the police.

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We have considered the statement of wife Ruby, examined as PW9 and has turned hostile. PW1, PW2, PW3, PW6 and PW7 are police witnesses, whereas PW4 Babu, PW5 Irshad, PW10 Rahees Ahmed and PW12, who are the brothers, of deceased. PW8 Dinesh Kumar, has named present petitioner as a person who visited his shop with Irfan at around 6:00 p.m. on 16.9.2024. PW8 has named present petitioner and the deceased; though there is some different version in the cross-examination, and the issues require consideration only at the time of final conclusion, by the trial court.

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The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence

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collected so far, this is not a fit case to enlarge the applicant accused on bail.

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Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage.

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Accordingly, the application for bail filed under Section 483 of BNSS preferred by Rafiq Ahmad Alias Sonu S/o Shahabuddin is hereby dismissed.

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The trial court is directed to expedite the trial.

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A copy of this order be sent to the trial court through E-mail.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /16

Rafiq Ahmad Alias Sonu S/O Shahabuddin v. State of Rajasthan

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Rafiq Ahmad Alias Sonu S/O Shahabuddin v. State of Rajasthan

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