[2025:RJ-JP:22869] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 3495/2025 Kanak @ Manisha D/o Late Shri Purshotam Agarwal, R/o Mahwa Mandawar Road, Jawahar Colony, Police Station Ke Pass, Police Station Mahwa, District Dausa (At Present In Mahila Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Misc. 2nd Bail Application No. 1507/2025 1. Rahul Agarwal S/o Late Shri Purshotam Agarwal, R/o Jawahar Colony, Bohra School Ke Pass, Mandwar Road Ke Pass, Police Station Mahwa, District Dausa, Raj. (At Present In Central Jail Jaipur). 2. Asharam Swami S/o Late Shri Begdas Swami, Village Nali Ka Balaji, Kuchaman City, Police Station Kuchaman City District Didwana Kuchaman At Present R/o Plot No. 17, Flat No. G-01, Govind Sarovar Manglam City Ke Pass Kalwar Road, Police Station Kardhani, Jaipur West. (At Present In Central Jail, Jaipur) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manoj Singh Chauhan For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Mahaveer Singh Yadav, CI, SHO Kotwali Jhalawar HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/05/2025 1. These second bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.226/2022 registered at Police Station Kalwar, District Jaipur (West) for the offences punishable under Sections 201 & 302 of IPC. Later on, police filed charge-sheet in [2025:RJ-JP:22869] (2 of 3) [CRLMB-3495/2025] this matter for the offences punishable under Sections 302, 201 & 376D of IPC. 2. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. It is submitted that entire prosecution case is based on circumstantial evidence and there are no incriminating circumstances appearing against the petitioners. It is submitted that only on the basis of interrogation of petitioners in other case, they have been made accused in this case. Learned counsel contends that admittedly, no weapon has been recovered from the possession of the petitioners. It is contended that trial of the case will take considerable time. Petitioners are behind the bars since 05.06.2024 & 09.07.2024 respectively. No fruitful purpose would be served by keeping the petitioners behind the bars. There are bleak chances of culmination of trial in near future. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. He submits that petitioners are habitual offenders as other cases have been registered against them. It is submitted that earlier, petitioner Rahul and Asharam were found involved in other case of murder wherein during the course of investigation, they disclosed the fact that they have committed another murder and on the basis of this fact, petitioners were taken in custody in this case. It is further submitted that same Omni Van has been found involved in both cases. It is submitted that male DNA of other accused person, namely, Sunil, has been found on the stoll (dupatta) which was recovered from the crime scene. It is also evident from record that all the accused people were in contact through mobile phones at [2025:RJ-JP:22869] (3 of 3) [CRLMB-3495/2025] the relevant time. He contends that petitioner Asharam was granted facility of interim bail on the ground of illness of his wife and he was required to surrender on 16.05.2025 but as per factual report, he has not surrendered yet, therefore, it is clear case of misuse of liberty of bail. 5. I have considered the contentions. 6. Having regard to the facts and circumstances of the case and considering the arguments advanced at bar; material made available before me in the form of charge-sheet and further considering the role attributed to the petitioners in the charge- sheet as also considering the fact that petitioners Rahul and Asharam are accused in another murder case, this Court is not persuaded to enlarge the petitioners on bail. Accordingly, these bail applications are dismissed. (ANIL KUMAR UPMAN),J CHARU SONI /32 & 34