[2025:RJ-JP:34284] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IVth Bail Application No. 9574/2025 Vijaypal Singh @ Bhura S/o Virendra Singh, Aged About 29 Years, R/o Nagla Khangar Police Station Udyog Nagar, Bharatpur, Presently R/o Infront Of Neetan Hospital, Shastri Nagar, Police Station Mathura Gate, District Bharatpur (Raj.). (At Present Confined In Central Jail, Sevar, District Bharatpur (Raj.). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajeev Kumar Sogarwal For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 28/08/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 821/2022 registered at Police Station Mathura Gate, District Bharatpur for the offences under Sections 147, 148, 149, 302 and 120-B of IPC and Section 3/25(6) and 27 of Arms Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the third bail application of the petitioner was dismissed with the liberty to file afresh bail application after statement of material eye-witnesses. Learned trial court after recording the statements of eye-witnesses PW-1 Gaurav, PW-4 [2025:RJ-JP:34284] (2 of 3) [CRLMB-9574/2025] Lokendra, PW-5 Pankaj and PW-6 Aditya dismissed the petitioner's bail application. It is further contended that eye- witnesses have not supported the prosecution story, PW-1 Gaurav has turned hostile and PW-6 Aditya and PW-5 Pankaj have also not supported the prosecution story and in their examination in chief they have not uttered the name of the petitioner as one of the assailant alongwith the other co-accused. Similarly PW-4 Lokendra has also not supported the prosecution story and in his examination in chief, he has specifically denied the presence of the petitioner alongwith other assailants at the place of occurrence in causing murder of the deceased Kripal Singh. Apart from the aforesaid witnesses there is no other evidence against the petitioner showing his involvement in the alleged crime. The accused-petitioner is in custody since 11.02.2022 and the trial of the case may take considerable time, therefore, the fourth bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application and contended that petitioner alongwith the other assailants opened fire at deceased Kripal Singh and caused his murder. In the FIR, the name of the petitioner is categorically mentioned. Learned Public Prosecutor concedes that the eye- witnesses examined before the trial court have not named the petitioner as one of the assailant, however, it is argued that apart from the ocular evidence other evidence are yet to be recorded. Petitioner is a habitual offender, therefore the fourth bail application of the petitioner deserves dismissal. 4. Heard and perused the material available on record. [2025:RJ-JP:34284] (3 of 3) [CRLMB-9574/2025] 5. Considering the arguments advanced by learned counsel for the petitioner and looking to the fact that the eye witnesses did not name the petitioner in the alleged offence. The accused- petitioner is in custody since long and the trial of the case may take considerable time, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 of BNSS is allowed and it is ordered that the accused-petitioner Vijaypal Singh @ Bhura S/o Virendra Singh, in connection with FIR No. 821/2022 registered at Police Station Mathura Gate, District Bharatpur shall be enlarged 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. 7. The accused petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner on the same day to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J ashu /9