[2026:RJ-JD:17551]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3288/2026 Mukesh Kumar S/o Shri Jagdish Kumar, Aged About 30 Years, Resident Of Dantiwas Police Station Bhinmal District Jalore Rajasthan (Presently Lodged In Central Jail Jodhpur)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dilip Sharma For Respondent(s) : Mr. Pawan Bhati, PP Mr. Vineet Jain, Sr. Advocate Mr. Om Prakash Mehta assisted by V.D. Gaur for complainant HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

07/04/2026 The instant fourth bail application for bail under Section 483 of BNSS (439 of Cr.P.C.) has been filed by the petitioner who has been arrested in the present matter. The requisite details of the matter are tabulated herein below:

The third bail application of the petitioner bearing S.B. Cri.

Misc. 3^rd Bail Application No. 9138/2025 was dismissed as not pressed on 10.11.2025. The present 4^th application for bail has been filed on the ground that after rejection of third bail application, co-accused Mahendra Kumar @ Mahendra Singh, Sunil @ Gopiya & Mahipal have been released on bail.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and no specific role or allegation of causing firearm injury on deceased has been attributed to petitioner. It is further submitted that the entire prosecution case rests upon circumstantial evidence and disclosure statements of co-accused persons, which are not admissible in evidence.

It is contended that, as per the prosecution story, co-accused Prakash Godara, in the presence of the present petitioner, Kamlesh Kumar and Bhupendra Punia, allegedly entered into a contract of ₹25 lakhs for arranging shooters to commit murder of Laxman Dewasi, by contacting his associate Vishnoi Bishnoi @ Vishnu Khudala. It is further alleged that the entire conspiracy was hatched at a hotel owned by Bhupendra Punia, however, neither any CCTC footage of the hotel, where the petitioner had met the co-accused, nor any call details or location have been placed on record to establish the presence or involvement of the petitioner in the alleged conspiracy. It is further contended that the role attributed to the petitioner is that he, along with three alleged shooters namely Sahil Alvi, Navin @ Gandhi, and Rajan Mehra, arrived at Sanchore in a Fortuner vehicle, which was allegedly driven by the petitioner. It is alleged that they chased the vehicle of the deceased, intercepted it, and committed the murder before fleeing from the spot. The allegations against the petitioner are thus of hatching the conspiracy and of driving the vehicle, however, no recovery whatsoever has been effected from the present petitioner.

Learned counsel for the petitioner further submits that there is no evidence available on record to establish the presence of the petitioner at the place of incident at the relevant point of time. It is contended that the petitioner is not seen in the CCTV footage collected during investigation. It is also submitted that no independent witness has been cited by the prosecution and the witnesses relied upon are related/interested witnesses, thereby rendering their testimony doubtful. It is further argued that the F.I.R. has been lodged with a delay of about 14 hours, which creates doubt over the prosecution story. It is also argued that no Test Identification Parade was conducted and no recovery of any weapon or incriminating article has been effected from the petitioner.

Learned counsel further submits that the petitioner is in custody since 20.08.2023 and has undergone incarceration for more than two and a half years. It is also contended that several co-accused persons, including those alleged to be part of the conspiracy, namely Vishnu @ Vishnu Khudala, Mahesh, Lalit, Bhupendra, Tag Singh, Usman @ Bablu, Kamlesh Kumar, Mangilal @ Tatiya, Hanuman Ram, Ghewarchand, Suresh Kumar, Ompra