[2025:RJ-JP:25068] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 8543/2025 Suresh Kumar @ Kalu @ Nanu S/o Sanwarmal, Aged About 35 Years, R/o Sihot Badi, Police Station Dhod, District Sikar. (At Present Confined In District Jail Sikar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anand Singh Rajawat with Mr. Madho Prapan Swami For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/07/2025 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.15/2024 registered at Police Station Dhod, District Sikar (Rajasthan) for the offence punishable under Section 302 of IPC. After completion of investigation, police filed charge- sheet in this matter for the offences punishable under Sections 302 & 120B of IPC. 2. The first bail application filed on behalf of the petitioner was dismissed by this court vide order dated 25.03.2025. Now, this second bail application has been preferred. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that after rejection of the first bail application, witness namely- Ganpat [2025:RJ-JP:25068] (2 of 3) [CRLMB-8543/2025] Bavriya has been examined during the course of trial. Counsel submits that it was stated by the said witness during the course of investigation that petitioner asked him to commit murder of the deceased however, he refused the same. Counsel submits that now, said witness has not supported the prosecution case and he has been declared hostile. Counsel submits that co-accused namely- Pooja Devi who is wife of the deceased has already been granted benefit of bail by this Court vide order dated 28.05.2025. Counsel submits that entire prosecution case is based on circumstantial evidence and trial will take considerable time in its conclusion. Counsel contends that petitioner is in custody since 13.02.2024 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 and submits that one other case has also been registered against 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 parties, especially considering the fact that entire prosecution case is based on circumstantial evidence and witness namely- Ganpat Bavriya has been declared hostile, as also considering the fact that co-accused- Pooja Devi has already been granted benefit of bail by this Court 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. [2025:RJ-JP:25068] (3 of 3) [CRLMB-8543/2025] 7. This second bail application is accordingly allowed and it is directed that accused-petitioner Suresh Kumar @ Kalu @ Nanu S/o Sanwarmal 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 /39