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[2026:RJ-JP:4540] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No.17132/2025 Vikas S/o Badrilal, R/o Ganesh Colony, Chauth Ka Barwada, District Sawai Madhopur (Presently Confined In District Jail Jaipur) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Umesh Dixit, Adv. For Respondent(s) For Complainant : : Ms. Manju Dave, PP Mr. Vivek Yadav, Adv. for Dr. Mahesh Sharma, Adv.
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Order 31/01/2026
1. The instant third bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused- petitioner has been arrested in connection with FIR No.216/2023, registered at Police Station Chauth Ka Barwada, District Sawai Madhopur, for the offence(s) under Sections 365, 302, 120-B and 201 of IPC.
2.
Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that the first bail application was dismissed as withdrawn by this Court vide order dated 30.04.2024. Subsequently, the second bail application was dismissed on merits vide order dated 30.05.2025 by this Court. It is also contended that out of 32 cited witnesses 13 witnesses have been examined and the accused-petitioner is in
[2026:RJ-JP:4540] (2 of 2) [CRLMB-17132/2025] custody since long, therefore, on the basis of long incarceration of the petitioner, the petitioner's bail application may be allowed.
3. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the grant of bail application. It is contended that the petitioner's second bail application was dismissed by this Court on merits vide
order dated 30.05.2025, there is not enough material against petitioner with regard to culpability of the accused petitioner in the alleged offence, therefore, considering the gravity of the offence, the bail application of the accused-petitioner may be dismissed.
4. Heard and perused the material available on the record.
5. It is to noted that long incarceration itself cannot be a ground to enlarge the accused-petitioner on bail as the offence committed by the petitioner and the co-accused, pertains to murder of the deceased, this Court vide order dated 30.05.2025 has elaborately dealt with the merits of the case and dismissed the second bail application, therefore, considering the aforesaid
facts, this Court is not inclined to enlarge the accused-petitioner on bail.
6. Accordingly, the instant third bail application of the accused- petitioner is dismissed.
(PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-8