[2025:RJ-JP:25563] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 5651/2025 Dilip Singh @ Kanu Bana S/o Shri Arvind Singh, Resident of Rajpoot Mohalla, Neemola, Police Staiton Khatauli, District Kota (Gramin) Presently Tenant At Shivpura, Police Station Dadabari, Kota (Raj.) (At Present Accused Petitioner Confined In Central Jail Kota) ----Accused-Applicant Versus State of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Brij Kishore Sharma For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Govind Prasad Rawat for complainant HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/07/2025 1. The instant second bail application is preferred by the petitioner Dilip Singh @ Kanu Bana in Sessions Case No.340/2024 arising out of FIR No.142/2024 registered at Police Station Dadabari, District Kota (City) before learned Additional Sessions Judge No.4, Kota. 2. Learned counsel for the petitioner submits that after dismissal of bail application on 05.12.2024, the trial Court has framed charge and also examined PW-1 Sani @ Niyamat Ali and his role and involvement is not proved by PW-1. He further submitted that this petitioner was only arrayed on suspicion and there is no direct evidence against the petitioner. He also referred criminal background of PW-1 and submitted that at least 30 [2025:RJ-JP:25563] (2 of 3) [CRLMB-5651/2025] criminal cases were registered against him and he was found guilty under the charges of offence under Section 302 of IPC. He further submitted that the petitioner undertakes not to commit any criminal activity after being released on bail. 3. Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned Public Prosecutor has submitted a report received from Police Station Dadabari, District Kota City. 4. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record. 5. On basis of Parchabayan of PW--1 Sanny @ Niyamat Ali, who is facing life imprisonment, an FIR No.142/2024 was registered at PS Dadabadi, Kota (City) on 08.06.2024. During investigation, the present petitioner accused was identified and after test identification parade, police has found involvement of the present petitioner and filed charge-sheet against 7 persons but kept pending against remaining under Section 173(8) of CrPC. After framing the charge, the statement of injured PW-1 Niyamat Ali @ Sani was recorded by the trial Court. 6. On earlier occasion, this Court has dismissed bail application of present petitioner on 05.12.2024. 7. The criminal antecedents submitted by learned Public Prosecutor indicate that there are 7 criminal cases registered against the petitioner besides present case. This petitioner accused was not specifically named by PW-1 but he identified in his deposition before the trial Court. [2025:RJ-JP:25563] (3 of 3) [CRLMB-5651/2025] 8. The record clearly suggests that the complainant is also a person with large number of criminal cases registered against him and despite that he was given benefit of transfer to open prison and misusing the same, he is enjoying his life. The State shuns its eyes and the State machinery turned blind when a person enjoying his life in luxury SUV in the name of open prison. 9. I agree with contention of learned counsel for the petitioner that the complainant was given undue weightage by the State. This petitioner accused is also having a criminal background and looking to his criminal background we cannot allow bail to this petitioner so that he can further indulge in criminal acitivities and disturb peace of the society. Therefore, this not a fit case to grant bail to the present petitioner. 10. In view of the discussion made hereinabove the instant second bail application of the petitioner accused Dilip Singh @ Kanu Bana is hereby dismissed. (ASHOK KUMAR JAIN),J MR/22