[2025:RJ-JP:19787] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 4572/2025 Kapil Mirja S/o Shri Saleem Beg, Aged About 20 Years, R/o Naseem Ka Makan, Near Masjid, Bekri Wali Gali, Sajidehda, Police Station Kishorepura, Kota City. (At Present Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sumer Singh Ola For Respondent(s) : Mr. Jai Prakash Tiwari, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/05/2025 1. The second bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.133/2023 registered at Police Station Kishorepura, District Kota City (Raj.) for the offence punishable under Section 302 of IPC. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 302 & 120B of IPC & Sections 5/25 & 9/25 of Arms Act. 2. First bail application of the petitioner was dismissed vide order dated 06.09.2024. Now, this second bail application has been preferred. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that witness namely- Pappu Bhil, who saw the petitioner at the place of [2025:RJ-JP:19787] (2 of 3) [CRLMB-4572/2025] incident has been examined during the course of trial wherein he has not supported the prosecution case and has been declared hostile. It is submitted that in such circumstances, no evidence is available on record against the petitioner. It is also evident from the record that CCTV footage was collected by one witness namely- Kalpana and she has also been examined during the course of trial wherein she has not stated anything against the petitioner. It is submitted that no recovery has been effected from the possession of the petitioner. Counsel submits that a stolen scooty and country-made pistol have been recovered at the instance of co-accused Saddam Hussain. Counsel contends that it is evident from the statement of other witnesses that they did not see the petitioner committing murder. It is contended that till 30.01.2025, only 16 witnesses were examined out of 46 cited prosecution witnesses thus, there is bleak chance of culmination of trial in near future. Petitioner is a young boy of 20 years who is in custody since 29.06.2023 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned State Counsel vehemently opposes the bail application and submits that petitioner along with co-accused Saddam Hussain can be clearly seen in the CCTV footage soon after and before the incident which is evident from the statement of Police witnesses namely- Ramkishan & Bhupendra Singh, who have identified the petitioner and co-accused Saddam Hussain in CCTV footage. It is further submitted that petitioner is a hard-core criminal as at the young age of 20 years, 16 other cases of theft, robbery, drug trafficking and arms act have been registered [2025:RJ-JP:19787] (3 of 3) [CRLMB-4572/2025] against him and in some of the cases, conviction has also been recorded. 5. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced at bar, as also considering the role attributed to the petitioner, more particularly the fact that at the young age of 20 years, 16 other criminal cases have been registered against the petitioner thus, looking to the nature and gravity of offence, I do not find it a fit case to enlarge the petitioner on bail. 6. Accordingly, this second bail application is dismissed. 7. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /33