[2025:RJ-JP:17935] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 5524/2025 Yashwant Suman S/o Kastoorchand, Aged About 32 Years, R/o Bijora, Police Station Anta, District Baran (Raj.) (At Present Petitioner Is Confined In District Jail Baran). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Balveer Singh Beniwal For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/04/2025 1. The third bail application under Section 483 of BNSS has been filed on behalf of the petitioner, who has been arrested in connection with FIR No.332/2023 registered at Police Station Anta, District Baran (Raj.) for the offences punishable under Sections 308, 323 & 341 of IPC. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 323, 341 & 302 of IPC. 2. First bail application of the petitioner was dismissed by co- ordinate bench of this court vide order dated 26.07.2024 on account of non-prosecution. Second bail application of the petitioner was dismissed as withdrawn vide order dated 27.01.2025 with liberty to renew the prayer of bail after recording testimony of eye-witnesses namely Mahavir Singh, Ramvilas as well as doctor who conducted the post-mortem of the deceased. Now, aforesaid witnesses have been examined during the course of trial, thus this third bail application has been preferred. [2025:RJ-JP:17935] (2 of 3) [CRLMB-5524/2025] 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that both the eye-witnesses have not supported the prosecution case and it has been stated by them that deceased was drunk and he gave beatings to petitioner. It also appears from their testimony that since deceased was in drunken condition, he fell down and sustained injuries. Counsel submits that complainant of this case has also been examined. Inviting attention of this court towards the statement of the complainant, learned counsel submits that he clearly stated in his statement that a blood-stained stick was given by him to the police on 23.09.2023 while recovery of the said stick has been made by the police on 20.09.2023 at the instance of the petitioner which shows that evidence has been fabricated in this matter. It is submitted that complainant lodged the report on the basis of information furnished by others and it has also been admitted by him that he is not an eye-witness of the case. It is contended that alleged incident occurred in spur of the moment on 08.09.2023 while deceased expired on 19.09.2023. According to the testimony of doctor, it appears that there were two injuries on the person of the injured and he died on account of injuries and their complications. Counsel argues that petitioner had no intention to cause death. There are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Petitioner is in custody since 19.09.2023 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. [2025:RJ-JP:17935] (3 of 3) [CRLMB-5524/2025] 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, material made available in the form of charge-sheet including testimony of Mahavir Singh, Ramvilas as well as Dr. Arun Sharma, there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion, so also considering the fact that petitioner has suffered incarceration of about 19 months, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the third bail application. 7. This third bail application is accordingly allowed and it is directed that accused-petitioner Yashwant Suman S/o Kastoorchand, 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 hereinabove 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 /30