[2025:RJ-JP:20242] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Bail Application No. 3408/2024 Neeraj Kumar S/o Prakash Chand @ Khurri, R/o Nagla Deshwal, Police Station Kotwali, Deeg District Bharatpur At Present District Deeg (Raj.) (At Present Confined In Central Jail, Sewar, Bharatpur). ----Accused-Applicant Versus The State of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Asgar Khan, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA Mr. Nemsingh Gurjar, Adv. for complainant HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 14/05/2025 1. The present bail application has been filed by the accused- applicant under Section 439 of The Code of Criminal Procedure, 1973 against the order dated 21.09.2023 passed by learned Additional Sessions Judge No.2, Bharatpur (Raj.) in connection with FIR No.715/2022 registered at Police Station Kumher, District Bharatpur for the offences punishable under Sections 147, 148, 149, 302, 120-B of IPC and Section 3/25 of Arms Act, by which the bail application of the accused-applicant under Section 439 of Cr.P.C. has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant was not named in the FIR and no test identification parade has been conducted during investigation. [2025:RJ-JP:20242] (2 of 3) [CRLMB-3408/2024] Learned counsel argues that the present accused-applicant is not known to the complainant and eye-witnesses prior to the date of incident, therefore, it was necessary on the part of the investigating officer to conduct the identification parade. Learned counsel also argues that the accused-applicant was arrested on 01.12.2022 and since then, he is behind the bars, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor and learned counsel appearing on behalf of the complainant vehemently oppose the bail application and submits that the accused- applicant-Neeraj Kumar has been specifically mentioned by the eye-witnesses in their testimony which has been recorded during the course of trial and have stated that the accused-applicant opened fire on the deceased and injured persons, therefore, the bail application of the accused-applicant should be rejected. 4. Heard learned counsel for the parties and also perused the material available on record. 5. It is a case of triple murder in which Gajendra, Ishwar and Samander had died. As per the FIR, 9 accused persons were named and 2 other persons were alleged to have committed the offence. PW-2- Maya, PW-3-Tenpal and PW-4-Ravita are the eye- witnesses. All the three witnesses have specifically named the present accused-applicant-Neeraj Kumar of opening fire on the deceased and the injured persons, therefore, without expressing any opinion on the merits/demerits of the case, this Court is not inclined to grant bail to the accused-applicant at this stage. [2025:RJ-JP:20242] (3 of 3) [CRLMB-3408/2024] 6. Accordingly, the bail application filed by the present accused-applicant is dismissed. 7. However, the accused-applicant will be at liberty to file afresh after recording the statements of other important witnesses and Investigating Officer. (ASHUTOSH KUMAR),J Mohita /21