Bail in serious criminal matters is not granted when the material on record establishes a prima facie case of complicity, particularly in successive applications where the gravity of the allegations remains unchanged and the trial is actively proceeding.

ORDER :

1. The present 3rd bail application under Section 483 of BNSS is filed by the applicant-accused Rishi Dhuliya Alias 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, for the offence 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 applicant undertakes not to repeat offence and cooperate with trial, which will take time.

3. Learned Counsel for the petitioner submitted that the first bail application of the present petitioner was dismissed on 08.08.2025 and second bail was dismissed on 27.01.2026. He also submits that still the trial has not been concluded as the petitioner is in custody since 24 August 2024 and a co-accused has already been granted bail. He further referred cross-examination of PW7 Lokesh Kumar who is a recovery witness along with statement of PW2 Govind and PW3 Rajput and submitted that these are not sufficient to implicate and draw any conclusion against the present petitioner.

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. First bail application of the present petitioner was dismissed on merits on 08.08.2025, whereas second bail application was dismissed on 27.01.2026. The material clearly indicates that eight witnesses were examined till January 2026. The evidence suggests that two witnesses, Rajput (PW3), Govind (PW2), are injured and both of them have examined by Dr. Arun Sharma (PW8). We have considered the cross- examination of Lokesh Kumar (PW7). The present petitioner is in custody since his arrest.

7. 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.

8. 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.

9. Accordingly, the 3rd application for bail filed under Section 483 of BNSS preferred by by the applicant-accused Rishi Dhuliya Alias Shakti S/o Rakesh, is hereby dismissed.

10. Learned trial Court is directed to expedite the trial and try to conclude as early as possible.

11. The Office is directed to send a copy of this order to the trial Court by E-mail.