[2025:RJ-JP:14975] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3919/2025 Sanjay S/o Itwari, Aged About 22 Years, R/o Jairoli, Police Station Tijara, District Khairthal- Tijara, Rajasthan. (At Present Confined In Sub Jail Kishangarhbas District Alwar) ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ravindra Kumar For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/04/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.133/2024 registered at Police Station Tijara, District Bhiwadi (Raj.) for the offences punishable under Sections 143 & 302 of IPC. Later on, police filed charge-sheet in this matter for the offences punishable under Section 304 & 34 of IPC. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that co- accused persons namely- Pratap and Sooraj have already been granted benefit of bail by co-ordinate Bench of this Court vide order dated 20.12.2024 and case of the petitioner is also on same footing. Counsel submits that all material witnesses have been examined during the course of trial and they have not supported [2025:RJ-JP:14975] (2 of 3) [CRLMB-3919/2025] the prosecution case and have been declared hostile. Counsel submits that it has been mentioned in the post-mortem report that cause of death is reserved till FSL report is received. Counsel submits that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Petitioner is in custody since 25.04.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that co-accused persons namely- Pratap and Sooraj have been granted benefit of bail by co-ordinate Bench of this Court, so also considering the fact that material witnesses have not supported the prosecution case and they have been declared hostile; there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner- Sanjay S/o Itwari 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 [2025:RJ-JP:14975] (3 of 3) [CRLMB-3919/2025] 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. 7. The observations made herein above are 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 LALIT MOHAN /238