[2025:RJ-JP:33306] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15023/2024 Praveen Kumar Khichad S/o Mahaveer Singh, Aged About 33 Years, R/o Anandpura, Police Station Dhanuri, District Jhunjhunu (Rajasthan) (At Present Confined In District Jail Jhunjhunu). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rakesh Trivedi for Mr. Vinay Pal Yadav For Respondent(s) : Mr. Ghanshyam Singh Rathore with Mr. Santosh Singh Shekhawat, Mr. Gajraj Singh Rajawat and Mr. Kirtivardhan Singh Rathore Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 22/08/2025 1. Instant bail application is preferred by applicant-accused Praveen Kumar Khichad S/o Mahaveer Singh in a matter arising out of FIR No.28/2024 dated 20.03.2024 registered at Police Station Dhanuri, District Jhunjhunu for offence under Sections 143, 449, 302 and 120-B of IPC. 2. Learned counsel for applicant-accused submits that next date for recording statement for witnesses is fixed on 30.08.2025 and he is unable to argue the matter before recording the statement of witnesses. 3. Learned counsel for applicant is asked to argue the matter on merits as this bail application is filed on 25.11.2024 and it is [2025:RJ-JP:33306] (2 of 3) [CRLMB-15023/2024] one of the oldest bail application pending before this Court for last more than 9 months. 4. Learned counsel appearing for complainant submits that despite last opportunity granted to the counsel for applicant, the matter is not argued, and every time, the time has been sought. 5. Heard learned counsels for the parties and learned Public Prosecutor. Perused the material placed on record. 6. After dismissal of bail application under Section 439 of Cr.P.C. (corresponding under Section 483 of BNSS) by learned Additional Sessions Judge No.2, Jhunjhunu in Sessions Case No.47/2024 (62/2024), the instant bail application is filed by applicant-accused. At the time of dismissal of application by the Trial Court, has fixed the Sessions Case at the stage of charge. A status report indicated that learned Trial Court has framed charges on 01.04.2025, and after framing the charge, the witnesses were summoned. Thereafter fixed next date for recording the statement of prosecution witness as 01.05.2025. 7. Having considered the fact that the matter pertains to offence under Section 302 IPC and initially the bail application is dismissed by Trial Court before framing the charge, and thereafter, charge is framed and now the matter is fixed for prosecution evidence, and there is no additional material except charge-sheet to consider bail. This matter has not been argued on multiple occasions as and when this matter is called. Sufficient opportunities were already granted to the counsel for applicant- accused to argue the matter. A order-sheet dated 27.03.2025 indicate that the counsel for applicant-accused is directed to argue the matter on next date, but still on 16.04.2025, an adjournment [2025:RJ-JP:33306] (3 of 3) [CRLMB-15023/2024] is sought and same is granted. The prayer for adjournment is rejected and we are disposing of bail application on basis of record. 8. It appears that the instant bail application is filed just to keep pending before this Court, and to misuse the process. No right is available to the applicant-accused to keep pending bail application. The applicant-accused has a right to file bail application even after recording of evidence by the Trial Court and he can again approach this Court. The Trial Court has dismissed the bail application on merits and looking to material on record, no case is made out for interference in the impugned order passed by the Trial Court. The offence is of serious and grave nature. 9. Thus, the instant bail application filed by applicant-accused Praveen Kumar Khichad S/o Mahaveer Singh, is hereby dismissed. (ASHOK KUMAR JAIN),J GAURAV /04