[2025:RJ-JP:4735] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 15165/2024 Dharmraj S/o Surendra, Aged About 31 Years, R/o Sukhavali, Police Station Sevar, District Bharatpur (At Present Central- Jail, Bharatpur) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Gordhan Singh Fauzdar, Adv. For Respondent(s) : Mr. Devi Singh, Public Prosecutor. Mr. Deepak Chauhan, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 03/02/2025 1. The instant bail application has been filed under Section 483 B.N.S.S. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.218/2023, registered at Police Station Halena, District Bharatpur for the offence(s) under Sections 147, 148, 149, 307, 302 and 120-B IPC. 2. It is contended by learned counsel for the petitioner that the first bail application of the accused-petitioner was dismissed by this Court vide order dated 09.10.2024, whereas the similarly placed other co-accused Bablu was enlarged on bail. It is further contended that the co-accused Bablu who was enlarged on bail by the said order, that order was challenged before the Hon’ble Apex Court and Hon’ble Apex Court maintained the order passed by this Court. The case of the present petitioner is akin to the case of other co-accused Bablu. The name of the petitioner is not [2025:RJ-JP:4735] (2 of 3) [CRLMB-15165/2024] mentioned in the F.I.R. and there is no reliable evidence available on record to show that petitioner hatched conspiracy with the other co-accused to cause murder of the deceased Kuldeep. It is vehemently argued that the incident took place on 12.07.2023 and the petitioner was arrested in this case on 17.07.2023. The petitioner was apprehended in F.I.R. No.364/2023, registered at Police Station Rudawal along with the other co-accused Bablu. The petitioner is behind the bars since long and trial of the case will take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the second bail application. 4. It is contended by learned counsel for the complainant that this Court vide order dated 09.10.2024 has assigned the reasons to dismissed the bail application of the accused-petitioner and afterwards there is no change in circumstances. The case of the other co-accused Bablu, is entirely different, the accused- petitioner was apprehended red handed with the weapons after the incident i.e. on 12.07.2023 by Police Station Rudawal and from his possession fire arm was recovered. After thorough investigation, it was revealed that the petitioner was in continuous contact with the other co-accused Lokendra who committed crime. The petitioner was in continuous contact with the main accused Lokendra during mobile calls and after occurrence of the incident, the petitioner was apprehended by the other Police Station on the same day along with the other co-accused, therefore, the bail application of the petitioner deserves dismissal. 5. Heard and perused the material available on record. [2025:RJ-JP:4735] (3 of 3) [CRLMB-15165/2024] 6. The first bail application of the petitioner was dismissed by this Court vide order dated 09.10.2024, observing the fact that the petitioner was apprehended by the Police Station Rudawal along with fire arms and the connectivity of the main accused Lokendra was found with the present accused-petitioner, therefore, considering the above facts, this Court is not inclined to grant bail to the accused-petitioner. 7. The second bail application of the accused-petitioner Dharmraj, is hereby dismissed. (PRAVEER BHATNAGAR),J Ramesh Vaishnav/86 8