[2025:RJ-JP:18224] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16023/2024 Suresh Kumar @ Kalu @ Nanu S/o Sanwarmal, Aged About 35 Years, R/o Sihot Badi, Police Station Dhod, District Sikar. (At Present In District Jail, Sikar). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mahesh Jatwa, Adv. For Respondent(s) : Mr. Shriram Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 25/03/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.15/2024 registered at Police Station Dhod, District Sikar (Raj.) for the offence punishable under Section 302 of IPC. Later on, Police filed charge-sheet in this matter for the offences punishable under Sections 302 and 120-B of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that there is no eye-witness of the incident and only on the basis of surmises, conjurers and suspicion, he has been roped in this case. He argues that after completion of investigation, charge-sheet has already been filed. Trial will take considerable [2025:RJ-JP:18224] (2 of 3) [CRLMB-16023/2024] time in its conclusion. He contends that the petitioner is in custody since 13.02.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner and submits that there is serious allegation against the petitioner that he alongwith wife of the deceased hatched a conspiracy and committed murder of the deceased as both accused were in illicit affair. He further submits that weapon of offence i.e., lathi has already been recovered from a boring of a well, at the instance of the petitioner. Apart from that, learned Public Prosecutor submits that one other criminal case No.224/2024 involving offence under Section 3074 IPC has already been registered against the petitioner at Police Station Losal, District Sikar. He thus, prayed for dismissal of the bail application. 4. I have considered the contentions. 5. As per prosecution case, the petitioner along with wife of the deceased were having illicit affair with each other and therefore, both hatched a conspiracy and killed the deceased. Recovery of weapon of offence has also been recovered at instance of the petitioner. Thus, having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties as also gravity of offence and nature of allegations attributed to the petitioner as well as previous involvement of the petitioner in a case involving offence under Section 307 of IPC, but without commenting anything on [2025:RJ-JP:18224] (3 of 3) [CRLMB-16023/2024] the merits/demerits of the case, I do not find it a fit case to allow the bail application. 6. This bail application is accordingly dismissed. 7. Observation made herein is only for decision of the bail application and same would not prejudice trial in any manner. (ANIL KUMAR UPMAN ), J MADAN/21