[2026:RJ-JP:3739] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 1490/2026 Rishi Dhuliya @ Shakti S/o Rakesh, Aged About 25 Years, R/o Near Hanuman Temple, Prem Nagar Kota. (At Present Confined In District Jail Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Amit Dadhich For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 27/01/2026 1. The secpnd bail application under Section 483 of BNSS is filed by the applicant-accused Rishi Dhuliya @ Shakti S/o Rakesh seeking bail in respect of a criminal case registered as FIR No.239/2024 dated 09.08.2024 registered at P.S. Vigyan Nagar, District – Kota City, whereby the petitioner- accused has been charged under Sections 309(6) and 311 of BNS, 2023. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the [2026:RJ-JP:3739] (2 of 4) [CRLMB-1490/2026] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that the first bail application of the present petitioner was dismissed on 08.08.2025 and till date five witnesses were examined by the prosecution. He further referred to the statements of injured Govind PW-2 and Rajput PW-3 and submitted that none of them have identified the petitioner for involvement. He also submitted that no identification parade was conducted soon after the arrest of the petitioner. He further referred to the material on record and submitted that the trial will take its own time and till date only six witnesses were examined. He also submitted that co-accused Arjun was granted bail by this Court on 16.01.2026. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. The first bail application of the present petitioner was considered by this Court on 8.8.2025 after recording the statements of victim Govind PW-2 and injured Rajput PW-3. The observations made by this Court are reproduced as under:- “5. On earlier occasion, bail applications of petitioners co- accused Mohammad Firoz @ Afroz and Rohit @ Golu were dismissed by a Co-ordinate Bench of this Court on 25.09.2024. Thereafter, S.B. Criminal Bail Application of Arjun and 2nd bail application [2026:RJ-JP:3739] (3 of 4) [CRLMB-1490/2026] of Rohit @ Golu were also dismissed by a Co-ordinate Bench on 05.02.2025. 6.As per report, two boys after getting hold of Govind have snatched money from his pocket and when he resisted then he was assaulted with knife and when his Chacha Rajput rescued then he was also assaulted with knife. Police has investigated the matter and found that accused Arjun, Rishi Duliya and Mohammad Firoz @ Afroj, Rohit @ Golu, Lakhan Suman, Azharuddin and Ramesh Gurjar were involved in the incident and filed a charge-sheet under Sections 310(2), 311, 312, 111(2)(b) of BNSS against Arjun, Rishi Duliya and Mohammad Firoz @ Afroj and Section 310(2), 311, 312, 111(2)(b) of BNS, 3/25(6) of Arms Act against Rohit @ Golu, under Section 310(2), 311, 312, 111(2)(b) of BNS, 4/25 of Arms Act against Lakhan Suman @ Lakha, under Section 310(2), 311, 312, 111(2)(b) of BNS and Section 5/25(7) of Arms Act against Azharuddin and under Section 111(2)(b) of BNS and 5/25 (7) of Arms Act against Ramesh Gurjar. Petitioner accused Rishi @ Dholia is arrested on 10.08.2024 whereas Lakhan Suman on 14.08.2024. The evidence collected by police indicate that Rishi @ Dholia is main conspirator with accused Mohammad Firoz @ Afroj. The information recorded under Section 27 of Indian Evidence Act shows that Lakhan Suman @ Lakha disclosed information about use of knife at the time of incident. The statement of victim Govind is recorded as PW-2 and we have considered his statement as well. Injured Rajput is examined as PW-3 before the trial Court. PW-3 has named Mohammad Firoz @ Afroj and Rishi for loot of his money. ” 7. Again, learned counsel for petitioner has placed reliance upon the same statements of PW-2 Govind and PW-3 Rajput, though some additional witnesses were also examined by the prosecution. A co-ordinate Bench has allowed the bail application of Arjun on 16.01.2026 while considering the fact that no recovery was effected from the accused Arjun. [2026:RJ-JP:3739] (4 of 4) [CRLMB-1490/2026] The present petitioner is in custody since 24.08.2024 and till date only six witnesses were examined. 8. The facts and the material indicate that the alleged offence are of serious nature and role attributed to applicant is prima facie sufficient to consider complicity of applicant in the crime. Therefore, at this juncture, considering the evidence collected so far, this is not a fit case to enlarge the applicant accused on bail. 9. Considering the gravity of allegations and overall facts and circumstances of the case, it is appropriate to dismiss the bail application of the applicant accused at this stage. 10. Accordingly, the second application for bail filed under Section 483 of BNSS preferred by Rishi Dhuliya @ Shakti S/o Rakesh is hereby dismissed. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /6