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[2025:RJ-JP:21676] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 6393/2025 Mahesh Son Of Babulal, Aged About 24 Years, Resident Of Village Sindhda, Police Station Niwai, District Tonk, Presently Plot No. 34, Shakti Nagar, Shriram Ki Nangal, Goner Mode, Police Station Shivdaspura, Jaipur (Raj.). (At Present Confined In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Avtar Singh Rathore with Mr. Rajveer Singh For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 22/05/2025
1. This 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.50/2025 registered at Police Station Ramnagariya, District Jaipur City (East) (Rajasthan) for the offences punishable under Sections 115(2), 126(2), 191(2) & 110 of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023.
2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn vide order dated 26.03.2025 while giving liberty to the petitioner to renew the prayer of bail after submission of result of investigation. Now, charge-sheet has been filed in this matter thus, this second bail application has been preferred.
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3.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that petitioner was not present at the place of incident and his name has been mentioned in the FIR solely on the basis of the fact that on an earlier occasion, incident took place wherein petitioner himself sustained injuries. It appears from the statement of the injured witnesses that no specific allegation has been levelled against the petitioner of causing injury on the person of the deceased and as such, only omnibus allegations have been levelled against him. Counsel further submits that one other case has also been registered against the petitioner and he has been granted benefit of bail in that case. It is contended that trial will take considerable time in its conclusion. Petitioner is in custody since 02.02.2025 and further custody of the petitioner would not serve any fruitful purpose.
4. Learned Public Prosecutor opposes the prayer of bail 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 learned counsel for the petitioner, especially considering the role attributed to the petitioner, as also considering the material made available on record in the form of charge-sheet and trial will take considerable 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 fit and proper to allow this second bail application.
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7. This second bail application is accordingly allowed and it is
directed that accused-petitioner Mahesh Son Of Babulal 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 LALIT MOHAN /37