[2025:RJ-JP:355] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous V Bail Application No. 13156/2024 Vikash S/o Jagdish Prasad, R/o Loyal, P.s. Khetri Nagar, District Jhunjhunu (Raj.) (At Present Confined At Sub Jail Khetri). ----Accused/Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Arvind Bhadu For Respondent(s) : Mr. Naresh Kumar Gupta, PP HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order 03/01/2025 The present fifth bail application has been filed under Section 483 B.N.S.S. The petitioner has been arrested in connection with FIR No.110/2020 registered at Police Station Khetri Nagar, District Jhunjhunu for the offence under Sections 143, 323 and 307 of I.P.C. and later on for the offence under Sections 323, 323/34, 325/34, 325, 302 and 302/34 of IPC. Learned counsel for the petitioner submits that he is in custody since 25.10.2020 and out of total 19 prosecution witnesses, only 15 prosecution witnesses have been examined so far. He further submits that the incident occurred on 21.06.2020 wherein, Shri Sube Singh received injuries and his death has occurred on 22.07.2021, i.e., more than a year after the date of incident. He, therefore, prays for benefit of bail. Learned Public Prosecutor opposed the prayer. [2025:RJ-JP:355] (2 of 3) [CRLMB-13156/2024] As already observed in the order dated 19.12.2024, the first bail application filed by the petitioner was dismissed by this Court vide order dated 08.12.2020 taking into consideration the specific allegation against him of hitting the injured with a four wheeler with an intention to cause his death and the medical opinion which reflected that the injuries were grievous in nature and were dangerous to life. Thereafter, the second and third bail applications were dismissed by this Court vide orders dated 23.04.2021 and 29.03.2023 respectively. While dismissing the fourth bail application vide order dated 01.02.2024, in view of the period of incarceration, the learned trial Court was requested to expedite trial of the case. Before passing the order impugned dated 01.02.2024, four prosecution witnesses were already examined and thereafter, till date, as per the petitioner, 11 more prosecution witnesses have been examined. As per the order- sheet of the learned trial Court dated 23.12.2024, remaining prosecution witnesses are scheduled to be examined on 06.01.2025, 13.01.2025 and 18.01.2025 respectively. Although, the petitioner has suffered long incarceration; but, taking into consideration the nature and gravity of allegations and the evidence available on record especially, the statements of S/Shri Chauth Mal (PW-1), Vijay Kumar S/o Shri Palaram (PW-2) and Sunil @ Kalu (PW-4) which contains a specific allegation against him of hitting the deceased with a four wheeler with the intention to cause death and also on account of his criminal antecedents wherein, in one of the cases, he was convicted by the learned trial Court vide order dated 07.07.2020 in Sessions Case No.08/2018, [2025:RJ-JP:355] (3 of 3) [CRLMB-13156/2024] this Court does not deem it just and proper to extend the petitioner benefit of bail. Resultantly, the fifth bail application is dismissed. However, looking to the period of incarceration, the learned trial Court is against requested to expedite trial and conclude the same at earliest. The concerned Superintendent of Police is also directed to ensure presence of the remaining prosecution witnesses before the learned trial Court on the dates fixed for their deposition. The Registrar (Judl.) is directed to remit a copy of this order to the Court concerned as also to the SP concerned for information and compliance. (MAHENDAR KUMAR GOYAL),J PRAGATI/s-114