[2025:RJ-JP:14471] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 202/2025 Madanlal S/o Shri Radha Kishan, Aged About 40 Years, R/o Badoli, Police Station Duni, District Tonk (Raj.) (At Present Confined In District Jail, Tonk) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Praveen Kumar Jain For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/03/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.111/2021 registered at Police Station Dooni, District Tonk (Raj.) for the offences punishable under Sections 302 & 34 of IPC. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is submitted that till date, only 12 witnesses have been examined out of 26 cited prosecution witnesses. It is submitted that independent witnesses have not supported the prosecution case and they have been declared hostile. Counsel submits that co-accused person namely- Khanaram @ Kanhiyalal has been granted benefit of bail by co- ordinate bench of this court vide order dated 11.01.2023. Counsel submits that petitioner is in custody since 31.05.2021 and as [2025:RJ-JP:14471] (2 of 3) [CRLMB-202/2025] such, he has served incarceration of about 46 months therefore, looking to the snail pace of the trial, there is bleak chance of culmination of trial in near future. Charge-sheet has been filed and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that till date, only 12 witnesses have been examined out of 26 cited prosecution witnesses and as such there is bleak chance of culmination of trial in near future, so also considering the fact that independent witnesses have not supported the prosecution case and they have been declared hostile, co-accused namely- Khanaram @ Kanhiyalal has been granted benefit of bail by co-ordinate Bench of this Court as well as looking to the fact that petitioner has suffered incarceration of about 46 months, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner- Madanlal S/o Shri Radha Kishan 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 [2025:RJ-JP:14471] (3 of 3) [CRLMB-202/2025] 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. 7. 7. The observations made herein above are 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 /98