[2025:RJ-JP:50874] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IV Bail Application No. 13728/2025 Devendra @ Deva S/o Shri Hariom, R/o Lakhan, Penghore, P.s Kumher, District Deeg Rajasthan. (Accused Petitioner Presently Confined In District Jail Deeg). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dilip Sinsinwar For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 17/12/2025 1. The instant fourth 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. 752/2024 registered at Police Station Kumher, District Deeg for the offences under Sections 115(2), 126(2), 190, 191(2), 303(2) and 109(1) of BNS and Section 3/25(6) 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 petitioner has moved the fourth bail application on the grounds that after dismissal of the third bail application, the statement of eye witness PW-6 Lokendra @ Loki was recorded and he did not support the prosecution story. It is also contended that PW-6 Lokendra @ Loki denied his presence at the place of occurrence and the entire prosecution story. It is also [2025:RJ-JP:50874] (2 of 3) [CRLMB-13728/2025] contended that in the statement of PW-1 Girish, has specifically mentioned that Sachin fired at the injured and there is no specific attribution towards the present petitioner. It is also contended that out of total 14 witnesses cited by the prosecution, only 7 witnesses have been recorded till now and the petitioner is in custody since more than one year. It is also contended that in three other criminal cases shown against the accused-petitioner has been enlarged on bail by the Court concerned, therefore, considering the above facts, the fourth bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the fourth bail application and contended that this Court vide order dated 25.07.2025, after considering the statement of eye witnesses and victim dismissed the third bail application and specifically observed that it is not apposite for the Court to comment upon the probative value of the witnesses. There is no change in circumstances except the fact that the eye witness PW- 6 Lokendra @ Loki has turned hostile. However, the statement of PW-1 Girish @ Sonu and PW-2 Devraj were relied upon by this Court, while dismissing the third bail application of the petitioner, therefore, the fourth bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. This Court vide order dated 25.07.2025, after elaborately dealing with the statement of material witnesses PW-1 Girish @ Sonu and PW-2 Devraj dismissed the petitioner's third bail application. There is no change in circumstances except the fact that some other witnesses have been examined including the eye [2025:RJ-JP:50874] (3 of 3) [CRLMB-13728/2025] witness PW-6 Lokendra @ Loki, who has turned hostile. Therefore, this Court is not inclined to enlarge the accused-petitioner on bail. 6. Accordingly, the fourth bail application of the accused- petitioner is hereby dismissed. (PRAVEER BHATNAGAR),J Keshav/1