[2025:RJ-JP:46595] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 15071/2025 Sukhveer S/o Shri Gulab Singh, Aged About 42 Years, R/o Rajneetpura Police Station Shamshabad District Agra, Presently R/o Subedar Ka Pura, Police Station Rathore District Agra U.p. (At Present Accused Petitioner Confined In Central Jail Sewar Bharatpur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dharmendra Joshi For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 19/11/2025 1. The instant second bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused- petitioner has been arrested in connection with FIR No. 898/2023 registered at Police Station Bayana, District Bharatpur for the offences under Sections 394, 302 and 34 of IPC and Section 3/25 of Arms Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the first bail application of the accused- petitioner was dismissed after filing of the charge-sheet vide order dated 05.03.2025. Thereafter, the Court has framed charges against the petitioner under Sections 396 and 120-B of IPC and 3/25(6) & 5/27 of Arms Act. The petitioner has not been charged [2025:RJ-JP:46595] (2 of 3) [CRLMB-15071/2025] under Section 302 of IPC. The specific allegation of causing death of deceased Salim is against the other co-accused and not against the present petitioner. It is further contended that no weapon was recovered at the instance of the petitioner. The petitioner is in custody since 15.11.2023 and the trial of the case may take considerable time. Learned counsel for the petitioner has placed reliance upon the orders of Co-ordinate Bench in judgment of Rakesh @ Rodu Vs. State of Rajasthan & Anr. in Criminal Misc. 2nd Bail application No.13525/2023 decided on 19.01.2024 and Rupak Chaterji Vs. State Of Rajasthan in Criminal Misc. 2nd Bail Application No.14954/2023 decided on 21.03.2024. 3. It is further contended that the learned Trial Court has recorded only the statement of 1 witness out of 35 cited witnesses. It is also contended that the other co-accused Aakash was enlarged on bail by the Hon'ble Apex Court and the bail application of co-accused Sangeeta and Shyamveer were allowed by this Court and the Sessions Court respectively, and the case of present petitioner is akin to the other co-accused. The trial of the case may take considerable time, therefore, considering the above facts, the second bail application of the accused-petitioner may be allowed. 4. Learned Public Prosecutor has vehemently opposed the second bail application and contended that the first bail application of the accused-petitioner was dismissed after filing of the charge- sheet and the Court after observing the role of the petitioner along with the other co-accused- Rahul. The presence of the accused- petitioner at the place of occurrence is established through the statement of witnesses and there is no change in circumstances, [2025:RJ-JP:46595] (3 of 3) [CRLMB-15071/2025] apart from the charges has been framed qua the petitioner and the other co-accused, therefore, considering the above facts, the second bail application of the accused-petitioner may be dismissed. 5. Heard and perused the material available on record. 6. Considering the fact that this Court after considering the entire material available on record dismissed the first bail application. There is no change in circumstances of the case apart from the fact that charges has been framed against the accused persons and the statement of one witness has been recorded. Considering the gravity of the offence, this Court is not inclined to enlarge the accused-petitioner on bail. 7. Hence, the second bail application of the accused-petitioner is hereby dismissed. (PRAVEER BHATNAGAR),J Keshav/4