[2025:RJ-JP:31880] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 10344/2025 Ganesh Tholiya S/o Nathuram Tholiya, Aged About 37 Years, R/o Village Badhed, Police Station Ladnu, District Nagaur, Presently Tenant Of 33 R.f.c Colony, Behind Vaishali Nagar Ps Vaishali Nagar Jaipur, Presently In Front Of Beer Up Bar, Near Amrapali Circle, Ps Chitrakoot, Jaipur. (The Accused Petitioner Is In Judicial Custody At Central Jail Jaipur). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Anirudh Tyagi, for complainant HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/08/2025 1. This second bail application under Section 483 BNSS has been filed on behalf of the accused-petitioner, who has been arrested in connection with FIR No.558/2024 registered at Police Station Jhotwara, Jaipur (West) for offences punishable under Sections 109(1), 115(2), 126(2) and 3(5) of BNS, 2023. After completion of investigation, police has filed charge-sheet in the court concerned. 2. The petitioner’s first bail application (No.13327/2024) has been rejected vide order dated 03.03.2025. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that it is a simple case of road accident but initially, since [2025:RJ-JP:31880] (2 of 3) [CRLMB-10344/2025] free, fair and proper investigation was not conducted in the matter, the then investigating officer tried to falsely implicate the petitioner for offence of attempt to murder. He submits that matter was further investigated in which, it has come out that it is a case of road accident. He submits that the accused persons were called by Sahil @ Farman to resolve an issue by way of peaceful talks and conciliation but mob gathered there and some one informed the police. In order to escape from there, the accused petitioner plied the vehicle in high speed due to which, there happened a road accident. Learned counsel argues that in an identical facts situation case, Hon’ble Apex Court has granted benefit of regular bail to the accused petitioner therein vide order dated 25.07.2025 passed in Special Leave to Appeal (Crl.) No(s).6582/2025. The petitioner is in custody since 08.09.2024. Trial of the case will take considerable time in its conclusion and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor as well as learned counsel for the complainant oppose the submissions made by learned counsel for the petitioner. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for both the parties; material available on record in the form of charge-sheet and the fact that during investigation, it has come out that it is a simple case of road accident; the petitioner is in custody since 08.09.2024 and trial will take considerable time in its conclusion but without commenting anything on the [2025:RJ-JP:31880] (3 of 3) [CRLMB-10344/2025] merits/demerits of the case, I deem it proper to allow the bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner – Ganesh Tholiya S/o Shri Nathuram Tholiya 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 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. 8. The observation made hereinabove is only for the decision of this bail application and it would not prejudice trial in any manner. (ANIL KUMAR UPMAN),J MADAN MEENA /374