[2025:RJ-JP:22620] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IInd Bail Application No. 5705/2025 Vikas S/o Badrilal, R/o Ganesh Colony, Chauth Ka Barwada, District Sawai Madhopur. (At Present Confined In District Jail, Sawai Madhopur) ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Tarun Jain For Respondent(s) : Mr. Manvendra Singh, PP Dr. mahesh Sharma Ms. Harshita Sharma HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 30/05/2025 The instant second bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused petitioner has been arrested in connection with FIR No. 216/2023, registered at Police Station Chauth ka Barwada, District Sawaimadhopur, for the offence(s) under Sections 365, 302, 120-B and 201 of IPC. It is contended by learned counsel for the petitioner that the first bail application of the petitioner was dismissed with the liberty to file afresh after recording of the statement of the complainant. It is contended that the entire case rests upon the circumstantial evidence and as per the prosecution story the petitioner confessed his crime before the complainant and other witnesses. It is also contended that the said extra judicial [2025:RJ-JP:22620] (2 of 3) [CRLMB-5705/2025] confession is not admissible in evidence as the accused was under coercion. There is no other connecting evidence on the record indicating the presence of the petitioner with the deceased and there is no eye witness to the incident. Out of total 22 cited witnesses only three witnesses have been examined till now. The petitioner is in custody since 28.09.2023 and further trial of the case may take considerable time, therefore the second bail application of the petitioner may be allowed. Learned Public Prosecutor and learned counsel for the complainant have vehementally opposed the second bail application. It is contended by learned counsel for the complainant that the entire case rests upon the circumstantial evidence. There is ample evidence on the record indicating that the petitioner was last seen with the deceased. It is further contended that the witness Altaf in his statement clearly stated that he saw the petitioner and other co-accused with the deceased. It is also contended that the witness Ramraj in his statements rendered under Section 161 of Cr.P.C. has clearly stated that Vikas called him and admitted the crime and thereafter he met with the petitioner Vikas and went with him in his Honda Amaze car and saw the blood stains in the car. The petitioner and the other co- accused were caught by the complainant and other persons before whom the petitioner confessed his crime. It is also contended that the deceased was brutally murdered and the dead body was thrown in a pond. The police also collected blood stains from the petitioner’s car and same was sent to FSL for further corroboration. Therefore, considering the above aspects the second bail application of the petitioner deserves dismissal. [2025:RJ-JP:22620] (3 of 3) [CRLMB-5705/2025] Heard and perused the material available on the record. The entire case rests upon the circumstantial evidence. PW-1 Satyanarayan, PW-2 Devpal and PW-3 Neeraj before whom the extra judicial confession was made have already been examined and in their examination-in-chief they have corroborated the prosecution story. At this stage, it is not desirable for the court to express anything on the veracity of the witnesses. Further case of the petitioner rests upon the last seen evidence and witnesses Altaf and Ramraj have not been examined yet. It is also the prosecution story that petitioner alongwith the other co-accused procured knife from Hemant Jain and he has also stated in his statement about the presence of present petitioner at the place of occurrence. Therefore, considering the above facts, this court is not inclined to enlarge the accused-petitioner on bail. Accordingly, the instant second criminal misc. bail application filed by the accused-petitioner is hereby dismissed. (PRAVEER BHATNAGAR),J ashu /7