[2025:RJ-JP:4283] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 209/2025 Ashish Meena @ Harsh S/o Radheshyam, R/o 312, Prem Nagar, Udhyog Nagar, Kota City Raj. (At Present Confined At Central Jail Kota). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 30/01/2025 1. This second bail application has been filed by the accused petitioner u/S 483 BNSS in connection with FIR No. 89/2023 registered at Police Station Anantpura, District Kota City for offence u/S 302 IPC. 2. The first bail application bearing No. 14064/2023 filed by the accused petitioner was dismissed vide order dated 11.07.2024 with liberty to file fresh bail application after examination of the recovery witnesses. 3. Considered the submissions made at bar and also perused the challan papers as well as the statements of the prosecution witness examined so far. 4. On scrutiny of the overall evidence adduced before the trial Court, this Court finds that the material witness namely; Sunita- PW-1 and Radheshyam-PW-2 have been declared hostile. The [2025:RJ-JP:4283] (2 of 2) [CRLMB-209/2025] recovery witnesses PW-10 and PW-11 have also been examined and it has not been made clear that whether the mobile recovered at the instance of the accused petitioner was belonging to the deceased. The FSL report also speaks that the deceased had taken ethyl alcohol at the time of alleged incident and the medical officer i.e. PW-14, in his cross-examination, has stated that the injuries sustained by the deceased may be caused in an accident also. 5. Having regard to the submissions made by learned counsel for the accused petitioner and taking into consideration the totality of the facts and circumstances of the case and so also the fact that the accused petitioner is in custody since 10.08.2023, this Court without expressing any opinion on merits or demerits of the case, deems just and proper to enlarge the petitioner on bail. 6. Accordingly, this second bail application is allowed and it is directed that accused-petitioner shall be released on bail provided that he furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the Trial Court with the stipulation that he shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. (GANESH RAM MEENA),J GAURAV SRIVASTAVA /346