HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Second Bail Application No. 327/2025 Manraj, S/o Radhakishan, Aged About 36 Years, R/o Village Paai, Police Station Nainwa, District Bundi (Raj.). (Presently Confined In District Jail At Bundi) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor. ----Respondent Connected With S.B. Criminal Misc. Second Bail Application No. 1147/2025 1. Shopal S/o Bherulal, Aged About 41 Years, R/o Village Laxmipura, Police Station Nainwa, District Bundi (Raj.). (At Present In District Jail Bundi) 2. Deepty S/o Bherulal, Aged About 26 Years, R/o Village Laxmipura, Police Station Nainwa, District Bundi (Raj.) (At Present In District Jail Bundi) ----Petitioners Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Raghwaj Singh Rajawat For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 27/01/2025 1. Instant second bail applications have been filed by petitioners under Section 483 B.N.S.S. in connection with FIR No. 276/2023 registered at Police Station Nainwa, District Bundi for the offence(s) under Sections 147, 148, 149, 447, 307 and 302 of IPC. (2 of 3) [CRLMB-327/2025] 2. After rejection of the first bail application, statements of material prosecution witnesses including eye-witnesses namely Manish, Prahlad, Gulab Bai, Vinod Meena, Nait Ram, Sanjay and Pardhan have been recorded during course of trial. Prosecution witness Vinod Meena (PW-5), Nait Ram (PW-6) and Pradhan (PW- 7) have turned hostile. Other witnesses have not assigned any role of the petitioners and the main allegation to trample the tractor on the head of the deceased Sanju Bai is on the Santram and Jodhraj. Petitioners have been stated to be in judicial custody since 27.07.2023 (Shopal) and 01.08.2023 (Manraj and Deepty). Against Manraj two criminal cases of year 2008 and 2013 were pending which were of different nature and minor offences. Against Shopal and Deepty there are no previous criminal antecedents. 3. Learned counsel submits that the expeditious trial is a legal right of petitioners and since the trial is being delayed by the prosecution, the fundamental right of petitioners envisaged under Article 21 of the Constitution of India is being violated. A reference of the recent order dated 09.09.2024, passed by the Hon'ble Supreme Court in SLP (Crl.) No.8523/2024 titled as Balwinder Singh vs. State of Punjab, releasing the accused on bail due to non-conclusion of trial despite issuing directions that same is to be concluded within a period of five months, has been given. 4. Learned Public Prosecutor opposed the bail applications. 5. Having heard counsel for petitioners as well as learned Public Prosecutor and perused the record, considering the contention (3 of 3) [CRLMB-327/2025] made by learned counsel for the petitioners and material prosecution witnesses have not assigned any role of petitioners; petitioners are in custody since 27.07.2023 (Shopal) and 01.08.2023 (Manraj and Deepty), conclusion of trial may take considerable time, but without commenting on merits of the case, this Court deems it just and proper to release petitioners on bail. 6. Accordingly, these second bail applications are allowed and it is ordered that accused-petitioners (1) Manraj, S/o Radhakishan (2) Shopal S/o Bherulal & (3) Deepty S/o Bherulal shall be released on bail provided, each of them furnish a personal bond in the sum of Rs.1,00,000/- each with two sureties of Rs.50,000/- to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so. (SUDESH BANSAL),J DEEPA RANI -13 & 15