[2025:RJ-JP:20834] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 5650/2025 Bijendra Singh S/o Mangla, Aged About 63 Years, R/o Rasoolpur, Police Station Fatehpur Sikri, District Agra (Uttar Pradesh) (At Present Confined In Central Jail Bharatpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Navankur Dubey For Respondent(s) : Mr. N.S. Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/05/2025 1. The 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.482/2024 registered at Police Station Kumher, District Deeg, for the offence punishable under Sections 316(5) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. 2. First bail application of the petitioner was dismissed as withdrawn with liberty to renew the payer of bail before the learned trial Court under Section 437(6) Cr.PC (480(6) BNSS). The bail application preferred before the learned trial court has been rejected 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 petitioner is facing criminal trial for the offence [2025:RJ-JP:20834] (2 of 3) [CRLMB-5650/2025] punishable under Section 316(5) of BNS, 2023 and charge was framed against him on 05.02.2025. It is submitted that first date for recording testimony of prosecution witness was set as 17.02.2025. It is submitted that more than 60 days have passed but till date, no prosecution witness has been examined. Counsel submits that provision under Section 480(6) BNSS is mandatory in nature and learned Magistrate has little discretion to refuse the bail only on the basis of solid reasons. Counsel submits that it appears from the order-sheet that delay in concluding the trial is not attributed to the petitioner and despite issuance of summons prosecution witnesses are not turning up. Counsel submits that petitioner is in custody since 28.07.2024 and looking to the snail pace of trial, there is bleak chance of culmination of trial in near future. 4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that there is serious allegation against the petitioner of embezzling Rs.25,00,000/- (Twenty Five Lakh Rupees). 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 petitioner, as also considering the fact that petitioner is in custody since 28.07.2024 and till date, no prosecution witness has been examined but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application. [2025:RJ-JP:20834] (3 of 3) [CRLMB-5650/2025] 7. This second bail application is accordingly allowed and it is directed that accused-petitioner Bijendra Singh S/o Mangla, 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 observations 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 HEENA/40