[2025:RJ-JP:7817] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 1299/2025 Lekhraj S/o Bhagwan Singh, R/o Ganeshpura, Tehsil Beawar, District Beawar (Raj.) (At Present In Central Jail Ajmer) ----Petitioner Versus State Of Rajasthan, Through P.P ----Respondent For Petitioner(s) : Mr. Abdul Hamed Khan Ms. Jamila Khan Ms. Rehana Khan Mr.Shahrukh Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 20/02/2025 1. The instant S.B. Criminal Miscellaneous 2nd Bail Application is filed by petitioner accused Lekhraj S/o Bhagwan Singh in a matter arising out of FIR No.163/2023 registered at Police Station Beawar City, District Ajmer wherein bail application under Section 483 BNSS was dismissed by learned Additional Sessions Judge No.1, Beawar, District Ajmer on 26.07.2024. 2. Learned counsel for the petitioner submits that the petitioner is an innocent person and till date, six witnesses were examined before the learned trial Court and none of them have supported the case of prosecution. He further submitted that on wrong grounds, police has arrested present petitioner as main accused whereas PW-1 and PW-2 both have not supported the case of prosecution. He also submitted that the petitioner is in custody for [2025:RJ-JP:7817] (2 of 3) [CRLMB-1299/2025] more than one and half year. He also submitted that the trial will take its own time and without any proper evidence, keeping the petitioner behind bars will serve no purpose. At last, he submitted that other co-accused were already released on bail by Co- ordinate Bench of this Hon'ble Court. 3. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted that the present petitioner is main accused in the matter. 4. Heard learned counsel for the petitioner and learned Public Prosecutor and also perused the material placed on record. 5. On dated 20.04.2024, first bail application of the present petitioner was dismissed by this Court After considering statement of PW-1 Vijay Singh and PW-2 Mohni Devi. This fact was also on record that Harshvardhan Singh @ Rahul, Karan, Bharat Singh @ Kalu and CCL Juvenile T @ S were already released on bail. A perusal of entire material placed on record indicated that after registration of FIR No.163/2023 under Sections 302, 120-B and 34 IPC at Police Station Beawar City, Ajmer, the police has filed charge-sheet against Bharat Singh @ Kalu and Karan under Section 302/34 IPC but kept investigation pending against three of the accused including present petitioner who were absconding at the time of filing of charge-sheet. After arrest of present petitioner and a test identification parade, a supplementary charge-sheet was filed against present petitioner Lekhraj. 6. Record clearly indicated that the present petitioner was named as main accused in FIR and this petitioner was identified during test identification parade. We have gone through the statements of witnesses PW-1 Vijay Singh, PW-2 Mohni Devi, PW- [2025:RJ-JP:7817] (3 of 3) [CRLMB-1299/2025] 3 Vivek Kumawat, PW-4 Harpal Singh, PW-5 Rahul Udaynia, PW-6 Rakesh Jaipal. PW-5 Rahul Udaynia, PW-6 Rakesh Jaipal were declared hostile by prosecution as they have not supported the case of prosecution. Still there are witnesses required to be examined by prosecution. 7. Having considered the entirety of the facts and circumstances of the case, it is not possible for us to express any opinion on merits of the case but considering the fact that the present petitioner is main accused and the allegation is under Section 302 IPC, therefore, looking to the gravity of charge, it is not appropriate to allow the present second bail application of the present petitioner. 8. Hence, the present second bail application is hereby dismissed. (ASHOK KUMAR JAIN),J MR/2