[2025:RJ-JP:17196] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 5043/2025 Pappu Yogi S/o Munna Yogi, Aged About 33 Years, R/o Tahaldi, Police Station Mandawar, District Dausa. (At Present District Jail, Dausa). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jai Kishan Yogi with Mr. Babulal Jogi Mr. Yenu Satyan For Respondent(s) For Complainant(s) : : Mr. Shri Ram Dhakad, PP Mr. Rajneesh Gupta with Ms. Chanchal Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/04/2025 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.242/2024 registered at Police Station Mandawar (Dausa), District Dausa (Raj.) for the offences punishable under Sections 191(2), 191(3), 190, 103(1), 351(2) and 303(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter. 2. The first bail application of the petitioner was dismissed as withdrawn vide order dated 11.02.2025 with liberty to renew the prayer of bail after recording testimony of sole eye-witness namely- Sanjeet Kumar @ Kallu Meena. Now, the said eye-witness [2025:RJ-JP:17196] (2 of 3) [CRLMB-5043/2025] has been examined during the course of trial thus, this second bail application has been preferred. 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 eye-witness of this case has not supported the prosecution case and he has been declared hostile. It has also been stated by the eye-witness that he did not give any statement to the police during the course of investigation. It is further submitted that no recovery has been made from the possession of the petitioner. There are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Petitioner is in custody since 14.09.2024 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by learned counsel for the petitioner. 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, as also the fact that eye-witness namely- Sanjeet Kumar @ Kallu Meena has been declared hostile during the course of trial and no recovery has been made from the possession of the petitioner, there are no criminal antecedents against the petitioner and trial will take 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. [2025:RJ-JP:17196] (3 of 3) [CRLMB-5043/2025] 7. This second bail application is accordingly allowed and it is directed that accused-petitioner - Pappu Yogi S/o Munna Yogi, 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 /250