HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Second Bail Application No. 15794/2024 Dilkhush S/o Bharat Lal Bairwa, Aged About 20 Years, R/o Village Ramsar Khedla, Plot P.S. Mandawari, Distt. Dausa. Presently Tenant House No. 31-32, Baba Nahar Singh Colony, Goner Road, Police Station Kho-Nagoriyan, District Jaipur. (At Present Confined in Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Kawal Singh Loha For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/01/2025 1. The instant second bail application has been preferred under Section 483 B.N.S.S. on behalf of the accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.524/2023 registered at Police Station Kho-Nagoriyan, District Jaipur City (East) for the offence(s) under Sections 302 and 34 of IPC. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in the case. He submits that similarly placed co-accused Tundaram has already been enlarged on bail by this Court vide order dated 12.03.2024 and the facts of the case of the present accused-petitioner are akin to the facts of the case of the other co-accused Tundaram who has already been enlarged on bail. It is also contended that the accused-petitioner (2 of 3) [CRLMB-15794/2024] has been involved solely on the basis of circumstantial evidences and there was no recovery of any incriminating materials from the possession of the accused-petitioner. It is also contended that the Investigating Officer has already been examined and he has also admitted the fact that no incriminating material was recovered from the possession of the accused-petitioner. The accused- petitioner is in custody since long and trial/investigation of the case will take considerable time, therefore, the second bail application of the accused-petitioner may be allowed. 3. Per contra, learned Public Prosecutor has opposed the second bail application and contended that the accused-petitioner along with other co-accused caused fatal injuries to the deceased Hari Prasad resulting into his death. It is also contended that after investigation, police has found that the accused-petitioner, and the other co-accused Tundaram and Lovekush were sleeping together with the deceased Hari Prasad and after committing the said offence, all of them fled away from the place of occurrence, therefore, considering the gravity of offence, the second bail application of the accused-petitioner deserves to be dismissed. 4. Heard and perused the material available on record. 5. Considering the arguments advanced by counsel for the parties and looking to the fact that similarly placed co-accused Tundaram has already been enlarged on bail by this Court vide order dated 12.03.2024, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, this second bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner (3 of 3) [CRLMB-15794/2024] Dilkhush S/o Bharat Lal Bairwa in connection with FIR No.524/2023 registered at Police Station Kho-Nagoriyan, District Jaipur City (East), shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J DEEPA RANI-10