[2025:RJ-JP:49071]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2^nd Bail Application No. 15461/2025 Narendra Kumar S/o Shri Ganesh, Aged About 20 Years, R/o Raigaron Mohalla, Achrol, P.s. Chandwaji, District Jaipur, Raj. (Confined At Central Jail, Jaipur)

----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dharmendra Joshi Mr. Kanhaiya Lal Choudhary Ms. Bharti Singh For Respondent(s) : Mr. Manvendra Singh Choudhary, PP Mr. Rajnish Poonia, Additional S.P., Jaipur Rural HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

02/12/2025

1. Instant second bail application under Section 483 of BNSS is filed by the applicant-accused Narendra Kumar S/o Shri Ganesh seeking bail in respect of a criminal case registered as FIR No.132/2023 dated 25.04.2023 registered at P.S. Chandwaji, District – Jaipur Rural , for the offence under Sections 302, 460 IPC.

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 investigation/trial, which will take time.

3. Learned counsel appearing for petitioner submits that the first bail application of petitioner was dismissed on

08.04.2024 and now the statement of Udai Singh has been recorded by the trial court. He further submitted that after recording the statement of Udai Singh nothing has been brought on record to show that present petitioner is connected with crime as alleged in the matter. He further submitted that the cross-examination of PW-19 clearly indicate that police has collected call details of accused but same is not brought on record. He also submitted that no site plan has been prepared to show that from where the accused have entered into the house. He also submitted that ₹400/- is recovered but same is not sufficient to show involvement of present petitioner. He also submitted that total 28 witnesses were listed in the matter and out of which 19 witnesses were recorded so far. He further submitted that present petitioner is in custody for last more than 2 year and 7 months. He further referred the statement of other witnesses and submitted that all material witnesses have turned hostile and not supported the case of prosecution. He further submitted that neither there is any evidence for identification nor of recovery then, the petitioner cannot be kept behind bars for unlimited time. He also referred order dated 21.03.2024 in S.B. Criminal Misc. Bail Application No. 14954/2023, Rupak Chatterjee Vs. State of Rajasthan & Ors. and submitted that the petitioner is entitled for speedy trial but even after two years and six months the trial has not been concluded.

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. On the basis of report dated 25.04.2023, lodged about incident of midnight of 24-25^th of April, 2023 about house breaking by night and further murder of father and mother of complainant, and possible theft FIR no. 132/2023 is registered at P.S. Chandwaji, District Jaipur Rural. After investigation police has filed charge-sheet against Soldier, Manish Kumar, Rohit Kumar, Azad Bunkar, Narendra Kumar and one juvenile. Present petitioner is not named in FIR but it is a case of murder of two elderly people Kajod Mal and Manbhari aged 85 and 80 years respectively with intention to loot cash and jwellery.

7. This court has already dismissed criminal revision petition no. 1426/2023 on 18.10.2023 in respect of juvenile “X” who was also found involved in t