[2025:RJ-JP:26252] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IInd Bail Application No. 6598/2025 Sahin S/o Kursid @ Khurshid, Aged About 30 Years, R/o Village Kawan Ka Vas, Police Station Khoh, District Deeg (Raj.) (At Present In Sub Jail Deeg, Bharatpur). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anshuman Saxena For Respondent(s) : Mr. Tapesh Agarwal, PP Mr. Girish Khandelwal HON'BLE MR. JUSTICE SUDESH BANSAL Order 15/07/2025 1. This second bail application has been filed by petitioner under Section 483 of the BNSS in connection with FIR No.234/2023 registered at Police Station Khoh, District Deeg for offence(s) under Sections 147, 148, 149, 323, 341, 307 and 302 IPC and Section 3/25 of Arms Act. 2. Counsel for petitioner submits that the case of petitioner is not distinguishable than the co-accused Mijaj, who has been enlarged on bail by this Court vide order dated 08.05.2025. No specific role of petitioner to inflict injury either to deceased Suwan Khan or other injuries have been made; petitioner is in custody since 16.03.2024; there are no criminal antecedents of petitioner; charge-sheet has been filed but in the revision petition filed by complainant, further proceedings are stayed and even charges [2025:RJ-JP:26252] (2 of 2) [CRLMB-6598/2025] have not been framed and trial is not being proceeded, in such circumstances, petitioner be given benefit of bail. 3. Learned Public Prosecutor opposed the bail application, however, does not dispute that despite filing of the charge-sheet, charges have not been framed and evidence of prosecution has not started and further proceedings of trial in the revision petition No. 2084/2004 filed by the complainant has been stayed. 4. Having considered the rival contentions of counsel for both parties, this Court, prima facie, finds that the case of petitioner even on merits is not distinguishable to the case of Mijaj; there are no criminal antecedent of petitioner; petitioner is languishing in jail since 16.03.2024, without progress of criminal trial, which is violation of his legal and fundamental rights envisaged under Section 21 of the Constitution of India, hence, in totality of facts and circumstances, but without commenting on merits of the case, this Court deems it just and proper to release petitioner on bail. 5. 5. Accordingly, the second bail application is allowed and it is ordered that accused-petitioner Sahin S/o Kursid @ Khurshid shall be released on bail provided, he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing as and when called upon to do so. (SUDESH BANSAL),J NITIN /1