[2025:RJ-JP:32703] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous III Bail Application No. 9946/2025 Ashok S/o Shriman, Aged 29 Years, R/o Brahmbad, Police Station Mehandipur Balaji, District Dausa (Raj.) (At Present In Sub Jail Bandikui, Dausa). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous III Bail Application No. 9947/2025 Vikas Kumar S/o Rajpal, Aged About 24 Years, R/o Brahmbad, Police Station Mehandipur Balaji, District Dausa (Raj.) (At Present In Sub Jail Bandikui, Dausa). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent S.B. Criminal Miscellaneous III Bail Application No. 9948/2025 Ramnath @ Pilot S/o Rajaram, Aged About 36 Years, R/o Brahmbad, Police Station Mehandipur Balaji, District Dausa (Raj.) (At Present In Sub Jail Bandikui, Dausa). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ved Prakash Sogarwal For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/08/2025 [2025:RJ-JP:32703] (2 of 4) [CRLMB-9946/2025] 1. These instant third bail applications have been filed under Section 483 of BNSS on behalf of accused-petitioners. The accused-petitioners have been arrested in connection with FIR No. 76/2024 registered at Police Station Mehandipur, Balaji, District Dausa for the offences under Section 302 of IPC. 2. Learned counsels for the accused-petitioners submit that the accused-petitioners have falsely been implicated in this case. It is contended by learned counsel for the petitioners that first bail of the accused-petitioner was dismissed by this court vide order dated 18.12.2024 with the liberty to file afresh after recording of the statement of Kadu Ram, Ashok, Rituraj and the complainant Vijay. It is further contended that the entire case rests upon the circumstantial evidence and there is no direct evidence against the petitioners showing their involvement in the alleged crime. It is alleged against the petitioners that they caused murder of the deceased. It is further contended that prosecution relied upon the last seen evidence of PW-1 Kadu Ram, PW-2 Ashok and PW-3 Rituraj, the statements of these witnesses are not at all probable and reliable, as they are close relatives of the deceased and their statements were recorded on 30.05.2024, before the police whereas the incident took place on 25.04.2024, the complaint was lodged by Vijay Kumar. PW-3 Rituraj in his cross examination has clearly stated that he associated the complainant Vijay Kumar when the FIR was lodged on 25.04.2024, however Rituraj has not disclosed this fact to the police officials when the FIR was lodged and his statement was recorded on 30.05.2024, thus it clearly shows that these witnesses have not seen the accused-petitioners at the place of occurrence and they have been implanted by the [2025:RJ-JP:32703] (3 of 4) [CRLMB-9946/2025] prosecution. It is further contended that there is no connecting evidence regarding the petitioners involvement in the alleged crime and no recovery of any weapon was effected from Vikas Kumar, against whom it is alleged that he caused fire-arm injury at the deceased. The said fire-arm was recovered from the place of occurrence by the police and not at the instance of the petitioners. The other witnesses PW-4 Rajendra, PW-5 Hardayal, PW-7 Rajendra @ Raju and PW-8 Motiram, in their deposition have not alleged that petitioners were present alongwith the deceased Battu Lal and some altercation took place between them. Their statements does not support the prosecution story as the witnesses, have not shown the presence of the petitioners at the place of altercation arose between allegedly. The accused- petitioners are in custody since 27.04.2024 and the trial of the case may take considerable time, therefore, these third bail applications of the accused-petitioners may be allowed. 3. Learned Public Prosecutor has vehemently opposed these bail applications and contended that witnesses PW-1 kadu Ram, PW-2 Ashok and PW-3 Rituraj in their deposition before the court have clearly stated that they saw the petitioners as they were coming from the field of Battu Lal, where the dead body of Battu Lal was found. It is also contended that the present petitioners caused murder of the deceased after hatching conspiracy with co- accused Jitesh and their presence were found near to the place of occurrence in call detail report submitted by the prosecution, therefore considering the gravity of the offence, bail applications of the accused-petitioners deserves to be dismissed. 4. Heard and perused the material available on record. [2025:RJ-JP:32703] (4 of 4) [CRLMB-9946/2025] 5. Considering the arguments advanced by learned counsel for the petitioners and after going through the statement of PW-1, 2 and 3 and also considering the fact that at the instance of petitioners no weapon or arms were recovered. The accused- petitioners are in custody since 27.04.2024 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-petitioners on bail. 6. Accordingly, these third bail applications under Section 483 BNSS are allowed and it is ordered that the accused-petitioners namely: 1. Ashok S/o Shriman, 2. Vikas Kumar S/o Rajpal, 3. Ramnath @ Pilot S/o Rajaram, in connection with FIR No. 76/2024 registered at Police Station Mehandipur, Balaji, District Dausa shall be enlarged on bail provided each of them furnish 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 for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /27-29