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2026 Supreme(Online)(Raj) 19127
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Ashok Kumar Jain, J
Lekhraj – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous 3rd Bail Application No. 8756/2026
Important Points
Subject
Criminal Law - Bail
Act Referred
Headnote
(B) Criminal Justice System - Trial Conduct - Undue Delay - Excessive and unjustified delay between the recording of examination-in-chief and cross-examination of a star witness may indicate a failure of the trial court and prosecution, potentially compromising the integrity of the judicial process. (Para 13, 14, 15)
Issues: Whether the applicant-accused is entitled to bail given the hostile testimony of key witnesses and the conduct of the trial proceedings.
For the Appellants/Petitioners: Sudhir Jain
For the Respondents: Onkar Singh Rajpurohit
| Table of Content |
|---|
| 1. bail application based on the claim of false implication and hostile witness testimonies. (Para 1 , 2 , 3 , 4) |
| 2. review of previous bail rejections and the evolution of the case record. (Para 5 , 6 , 7) |
| 3. grant of bail due to lack of supporting evidence from star witnesses and duration of custody. (Para 8 , 9 , 10) |
| 4. formal order for release on bail with specific conditions. (Para 11 , 12) |
| 5. judicial scrutiny of trial court and prosecution for undue delays and systemic failures. (Para 13 , 14 , 15 , 16 , 17) |
Order
1. This third bail application under Section 483 of BNSS is filed by the applicant-accused Lekhraj S/o Shri Bhagwan Singh seeking bail in respect of a criminal case registered as FIR No.163/2023 dated 13.02.2023 registered at P.S. Beawar City District - Ajmer, for the offence under Sections 302, 120-B and 34 of 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 trial, which will take time.
3. Learned counsel for petitioner submits that the entire case rests upon testimony of PW-8 Kishan Singh, and on earlier occasion when the bail application of present petitioner was considered, the statement of Kishan Singh were not concluded, and now the cross-examination of Kishan Singh has been completed, and he clearly denied from witnessing the incident. He also submits that police has collected CCTV footage and certificate under Section 65-B of Evidence Act, but the subscriber of certificate PW-3 has denied from issuing any such certificate. He also submitted that even the parents of deceased PW-1 and PW-2 have not supported the case of prosecution, and all other eyewitnesses have turned hostile. He further submits that present petitioner is in custody since his arrest on 14.05.2023, and still pace of trial is slow and till date 28 witnesses were examined by the trial court.
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 present petitioner was dismissed on 20.04.2024, wherein we have observed as under:
"A perusal of record indicated that on the basis of a written report dated 13.02.2023 by Vijay Singh, an FIR No. 163/2023 under Sections 302, 120-B and 34 IPC was registered at P.S. Beawer City, District - Ajmer, wherein after investigation, Police has filed charge-sheet against Bharat Singh @ Kalu and Karan under Section 302/34 IPC, but kept investigation pending against absconder-accused Lekhraj, CCL Juvenile T @ S and Harshvardhan Singh @ Rahul under Section 173(8) Cr.P.C. Thereafter, present petitioner was arrested and Test Identification Parade was conducted from Kishan Singh and a supplementary charge- sheet was filed against present petitioner-accused Lekhraj.
A perusal of record clearly indicated that in the FIR, the present petitioner Lekhraj was named as main assailant. Further, the Test Identification Parade ('TIP') was conducted from Kishan Singh. Till now, complainant Vijay Singh and his wife Mohani Devi were examined by the prosecution. Initially, present petitioner was absconding and he was arrested after filing of main charge-sheet on 14.05.2023.
A perusal of record indicated that accused Harshvardhan Singh @ Rahul, Karan, Bharat Singh @ Kalu and CCL Juvenile T @ S were already released on bail by this Court, but the case of the petitioner is different from other accused, who were released on bail. The object used to assault the deceased was recovered at the instance of present
