[2025:RJ-JP:21046] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 3048/2025 Yogesh Mahavar @ Sunny S/o Shri Banwari, R/o Overa Hospital Ke Peeche, Kabir Builders Ke Pass, Hari Vihar Colony, Raipura, Kota, District Kota (Raj.). (At Present Confined In District Jail, Kota) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous 2nd Bail Application No. 5086/2025 Sawan S/o Radheyshyam, Aged About 27 Years, R/o Surya Nagar, Khakaniya Station, Police Station Udhyog Nagar, Kota, District Kota (Raj.) (At Present Confined In District Jail, Kota). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous 2nd Bail Application No. 5511/2025 Harish Sen @ Monu S/o Bhimraj, R/o Govind Nagar Thana Udhyog Nagar Kota City Rajasthan. (At Present Confined At Central Jail Kota) ----Petitioner Versus State Of Raj, Through PP ----Respondent For Petitioner(s) : Mr. Pawan Kumar Verma Mr. Abdul Kalam Khan For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/05/2025 1. These second bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.221/2024 registered at Police Station R.K. Puram, District Kota City for the offences punishable under [2025:RJ-JP:21046] (2 of 4) [CRLMB-3048/2025] Sections 341, 342, 327, 365 & 34 of IPC. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 341, 342, 327, 365, 364A, 147 & 149 of IPC & Section 4/25 of Arms Act. 2. First bail applications of the petitioners were dismissed as withdrawn with liberty to renew the prayer of bail after recording testimony of two star witnesses namely Hemant Prajapati & Surender. Now both the victims have been examined during the course of trial, thus these second bail applications have been preferred. 3. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submit that both victims of this case have been examined during the course of trial. It appears from their testimony that false case has been instituted against the petitioners. It is submitted that both witnesses have admitted the fact that neither test identification parade was conducted nor petitioners were known to the witnesses. It has also been admitted by them that petitioners were shown to the witnesses through mobile phone. Counsel submit that no amount has been transferred in the bank account of the petitioners. They are in custody since their date of arrest and trial will take considerable time in its conclusion. Further custody of the petitioners would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners. He submits that petitioners namely Sawan S/o Radheyshyam & Harish Sen @ Monu S/o [2025:RJ-JP:21046] (3 of 4) [CRLMB-3048/2025] Bhimraj are habitual offenders as several other cases have also been registered against them however, he fairly concedes that petitioner- Yogesh Mahavar @ Sunny S/o Shri Banwari does not have any criminal antecedent. 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 learned counsel for the petitioners, so also considering the material made available on record in the form of charge-sheet including testimony of both the victims recorded during the course of trial; 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 proper to allow these second bail applications. 7. These second bail applications are accordingly allowed and it is directed that accused-petitioner – 1) Yogesh Mahavar @ Sunny S/o Shri Banwari, 2) Sawan S/o Radheyshyam and 3) Harish Sen @ Monu S/o Bhimraj, shall be released on bail provided each of them 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 they 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. 8. It is made clear that the accused-petitioners namely Sawan S/o Radheyshyam & Harish Sen @ Monu S/o Bhimraj shall not [2025:RJ-JP:21046] (4 of 4) [CRLMB-3048/2025] involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till trial is concluded. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 10. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to them by this Court. 11. The observation made herein above is only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /31-33