[2025:RJ-JP:16174] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 3805/2025 Rakesh Katawa S/o Shri Ramlal, Aged About 22 Years, R/o Kishanpura, Roopangarh, Ajmer. (At Present Confined At Central Jail, Ajmer) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Satish Kumar Khandal For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/04/2025 1. The second bail application under Section 483 of BNSS has been filed, on behalf of the petitioner, who has been arrested in connection with FIR No.147/2024 registered at Police Station Roopangarh, District Ajmer (Raj.) for the offences punishable under Sections 126(2), 115(2), 109(1), 3(5) & 351(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. First bail application of the petitioner was dismissed as withdrawn vide order dated 20.12.2024 with liberty to file fresh bail application after recording testimony of the victim (injured) as well as her husband. Now, victim and her husband alongwith the doctor who prepared the medical report have been examined during the course of trial thus, this second bail application has been preferred. [2025:RJ-JP:16174] (2 of 3) [CRLMB-3805/2025] 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that no evidence was available against the petitioner when he was arrested on 03.08.2024. It is apparent from the testimony of victim (injured) that there were talking terms between her and petitioner and same has been admitted by the victim in her cross-examination as 360 calls were made between them within a period of twenty four days i.e., from 05.07.2024 to 29.07.2024. It is submitted that as per the complaint/FIR lodged by the husband of the victim, both assailants were muffled face therefore, no test identification parade was conducted in this matter. It is submitted that charge-sheet has been filed and there is bleak chance of completion of trial in near future as till date only 5 witnesses have been examined out of 17 cited prosecution witnesses. There are no criminal antecedents against the petitioner and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner and submits that there is allegation against the petitioner of causing life threatening injury on the head of the injured. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, so also considering the material available on record in the form of charge-sheet including testimony of medical expert, victim as well as her husband, there are no criminal antecedents against [2025:RJ-JP:16174] (3 of 3) [CRLMB-3805/2025] the petitioner and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner - Rakesh Katawa S/o Shri Ramlal, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 8. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /74