[2025:RJ-JP:14698] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 4354/2025 Kamal Singh Meena S/o Sawai Singh Meena, Aged About 29 Years, R/o Mirzapur, Police Station Todabhim, District Gangapur City, Rajasthan. (At Present Confined In District Jail Karauli). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rinesh Kumar Gupta For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 01/04/2025 1. The instant second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.98/2024 registered at Police Station Todabhim, District Gangapur City for the offences punishable under Sections 302, 365, 506, 201 & 34 of IPC. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that while rejecting the first bail application of the petitioner, liberty was granted to the petitioner to renew the prayer of bail after recording testimony of Dharmo Devi (mother of deceased), Lalitesh (witness of last seen) and medical expert who conducted post mortem of the dead body. All the three witnesses have been examined during the course of trial. It is submitted that Dharmo Devi and Lalitesh have not supported the [2025:RJ-JP:14698] (2 of 3) [CRLMB-4354/2025] prosecution case and have been declared hostile. Learned counsel contends that medical expert has also admitted the fact that death of deceased was occurred on account of his falling in a pit alongside the road and there is no doubt about this. It is contended that till date, only three witnesses have been examined out of 21 cited prosecution witnesses. It is contended that petitioner has no criminal antecedents and he is in custody since 27.04.2024. Further custody of the petitioner would not serve any fruitful purpose. There is no immediate prospect of completion of trial in near future. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner but fairly concedes that mother of deceased and witness of last seen have not supported the prosecution case and have been declared hostile. 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 as also considering the fact that witnesses Dharmo Devi and Lalitesh have been declared hostile and further considering the testimony of medical expert and period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this second bail application. 6. This second bail application is accordingly allowed and it is directed that accused-petitioner - Kamal Singh Meena S/o Sawai Singh Meena, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty [2025:RJ-JP:14698] (3 of 3) [CRLMB-4354/2025] 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. (ANIL KUMAR UPMAN),J CHARU SONI /258