Deepak @ Deepu S/O Dinesh Vs State of Rajasthan

[2026:RJ-JP:5772]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous 2^nd Bail Application No. 10509/2025

Deepak @ Deepu S/o Sh. Dinesh, R/o Dubra, Police Station Sadar Dholpur At Present Sector 5, Shastri Nagar Colony, Police Station Nihalganj, Dholpur, District Dholpur (Raj.). (At Presently Confined In District Jail Dholpur).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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Connected With

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S.B. Criminal 3^rd Miscellaneous Bail Application No. 1152/2026 Deepak @ Deepu S/o Dinesh, R/o Dubra, Police Station Sadar, Dholpur Raj ( At Present Confined In District Jail Dholpur)

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----Petitioner

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Versus

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State Of Rajasthan, Through P.p.

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----Respondent

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For Petitioner(s) : Mr. Yogesh Singhal Ms. Saroj Singh For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP Mr. Dheeraj Singhal

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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06/02/2026

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S.B. Criminal Miscellaneous Bail Application No. 10509/2025:

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Considered Letter No.11A dated 05.01.2026 in Second Bail Application No.10509/2025.

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While deciding second bail application as dismissed as withdrawn, we have directed the trial court to make

[2026:RJ-JP:5772]

[CRLMB-10509/2025]

(2 of 5)

endeavours to record statement of all material witnesses within four months from date of receipt of the copy of the order.

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Learned counsel for complainant submits that except three witnesses, all were recorded by trial court. Learned Public Prosecutor also requests for time.

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Considering aforesaid, two months time is granted for recording remaining material witnesses.

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The letter stands disposed of.

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Office is directed to send a copy of the order to learned trial court.

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S.B. Criminal 3rd Miscellaneous Bail Application No. 1152/2026:

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The The present bail application under Section 483 of BNSS is filed by the applicant-accused Deepak @ Deepu S/o Dinesh seeking bail in respect of a criminal case registered as FIR No.241/2021 registered at P.S. Nihalganj, District -Dholpur, for the offence under Sections 341, 323, 201, 302 and 34 of IPC.

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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.

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(3 of 5) [CRLMB-10509/2025]

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Learned counsel for the petitioner submits that the first bail application of the petitioner was dismissed on 08.08.2025 and the second on 21.08.2025, and till date the bail application has not been decided on merits. He further submitted that co-accused Dinesh Tyagi was granted bail by a Coordinate Bench of this Hon’ble Court on 18.07.2024 only on the ground that he is in custody for more than three years. He further submitted that the present petitioner, who is in custody for the last more than three and a half years, and till date the Trial Court has not concluded recording of statements of witnesses within the prescribed timeline of four months. He further referred to the delay in trial and submitted that the present petitioner has an identical case with Dinesh Tyagi and he is entitled to be released on bail.

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Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for the complainant. Learned counsel for the complainant has submitted that three witnesses are remaining and it is likely that in another three weeks’ time the trial would be completed.

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Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties.

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On the basis of report dated 23.06.2021 lodged by complainant Anil son of Hakim Singh, regarding assault upon his father on 23.06.2021 by Dinesh, Shubham, Deepak and others when he was returning from the court,

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(4 of 5) [CRLMB-10509/2025]

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firing a shot by Deepak from a country-made pistol due animosity arising out of litigation, an FIR No. 241/2021 dated 23.06.2021 was registered at Police Station Nihalganj, Dholpur under Sections 143, 341, 302, 302 and 149 IPC. After investigation, police has filed the charge-sheet, against petitioner and other person.

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The latest report received from the learned Trial Court indicates that three witnesses are remaining and the others have already been examined. Co-accused Dinesh Chand Tyagi was granted bail by a Coordinate Bench of this Court on 18.07.2024 at the time of consideration of third bail application No. 9386/2023. Admittedly, Dinesh Tyagi was in custody since his arrest in the year 2021 and as per observation, the period of custody of Dinesh was more than three years.

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In the instant case, the main allegation is against the present petitioner, who allegedly fired a shot upon the deceased. Learned counsel for the complainant and learned Public Prosecutor have contended the fact that the deceased was shot by the present petitioner. The post-mortem report of the deceased was exhibited in evidence by PW-1 Dr. Anuj Gupta and the cause of death is firearm injury.

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Having taken note of the fact that the present petitioner is the main accused who was named in the FIR as well as the person who fired a shot at the deceased, and that the trial is at its fag end and is likely to be concluded very

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(5 of 5) [CRLMB-10509/2025]

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[2026:RJ-JP:5772]

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soon, this is not a fit case to consider the bail of the present petitioner merely on the basis of period of custody.

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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.

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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.

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Accordingly, the application for bail filed under Section 483 of BNSS preferred by Deepak @ Deepu S/o Dinesh is hereby dismissed.

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(ASHOK KUMAR JAIN),J

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PREETI VALECHA /02-03

Deepak @ Deepu S/O Dinesh v. State of Rajasthan

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Deepak @ Deepu S/O Dinesh v. State of Rajasthan

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