[2025:RJ-JP:35814] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 11193/2025 Girdhari Yogi S/o Ratan Nath, Aged About 23 Years, R/o Jogiyo Ka Aasan, Nathon Ka Mohalla, Nawa City, Police Station Nawa City, District Didwana Kuchaman, Rajasthan. (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mukesh Kumar Saini For Respondent(s) : Mr. Manvendra Singh, PP, Mr. Naval Kishore Mali for complainant HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 08/09/2025 1. The second bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.1153/2023 registered at Police Station Kardhani, District Jaipur (West) for the offence(s) under Sections 302 and 120-B of IPC and Section 3/25 of Arms Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in the present case. He further submits that the accused-petitioner along with other co-accused Kunj Bihari has not caused murder of the deceased Ashish. It is also contended that the first bail application of the accused-petitioner was dismissed by this Court vide order dated 24.03.2025, thereafter, the statement of material witness PW-8 Lokesh has been recorded. It is also contended that the petitioner [2025:RJ-JP:35814] (2 of 3) [CRLMB-11193/2025] along with the other co-accused purchased a sim card and mobile from the shop of Lokesh, however, the statement of PW-8 Lokesh, clearly establishes that no such sim was purchased by the petitioner along with the other co-accused. The police has not collected any documentary evidence regarding purchase of mobile and sim. The accused-petitioner is in custody since 25.10.2023 and trial of the case may take considerable time, therefore, the second bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application and contended that the first bail application of the accused-petitioner was dismissed on merits and there is no change in circumstances. It is alleged that the petitioner along with the other co-accused fetched conspiracy with Ramesh Marwaal and caused murder of deceased Ashish. It is also contended that the police has collected ample evidence against the petitioner indicating the petitioner's involvement in the alleged crime. The police has captured CCTV footage of place of occurrence, where the petitioner and the other co-accused Kunj Bihari stayed before committing the offence and also purchased the sim card and mobile phone, therefore, considering the gravity of the offence, the second bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. It is not desirable to express anything on the merits of the case. The allegations against the petitioner are grave and the first bail application of the accused-petitioner was dismissed on merits, vide order dated 24.03.2025, therefore, considering the above [2025:RJ-JP:35814] (3 of 3) [CRLMB-11193/2025] facts, this Court is not inclined to enlarge the accused-petitioner on bail. 6. Hence, the second bail application of the accused-petitioner is hereby dismissed. (PRAVEER BHATNAGAR),J Keshav/13