[2025:RJ-JP:21849] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 6907/2025 Razzak Kathat @ Rizwan @ Pola S/o Laxman, Aged About 24 Years, R/o Chitad Badiya, Naharkhera Police Station Sendra, District Beawar (Raj.) (At Present In Central Jail Ajmer). ----Accused/Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Shyam Bihari Gautam, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/05/2025 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.315/2024 registered at Police Station Beawar City, District Beawar (Rajasthan) for the offences punishable under Sections 302, 364, 323, 114, 201 & 120-B of IPC. Later on, Police filed charge-sheet in this matter. 2. First bail application of the petitioner was dismissed as withdrawn with liberty to renew the prayer of bail in changed circumstances. Thus, this second bail application has been preferred. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that after rejection of the first bail application, two witnesses including [2025:RJ-JP:21849] (2 of 3) [CRLMB-6907/2025] complainant/informant have been examined. It is submitted that both the witnesses have not supported the prosecution case and they have been declared hostile. He argues that in these circumstances, no evidence is available on record against the petitioner to connect him with the alleged offence. He further argues that other co-accused persons have already been granted benefit of bail by this Court. Counsel contends that till date only 2 witnesses have been examined out of 32 cited prosecution witnesses thus, there is bleak chance of culmination of trial in near future. He contends that charge-sheet has already been filed and there are no criminal antecedents against the petitioner. He further contends that the petitioner is in custody since 19.06.2024 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. However, he fairly concedes that both the witnesses have not supported the prosecution case and they have been declared hostile. 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, material made available on record in the form of charge-sheet including testimony of both the witnesses wherein they have not supported the prosecution case and have been declared hostile and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem [2025:RJ-JP:21849] (3 of 3) [CRLMB-6907/2025] it fit and proper to allow this second bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner Razzak Kathat @ Rizwan @ Pola S/o Laxman 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 MADAN/S-312