[2025:RJ-JP:36290] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 10674/2025 Kamlesh @ Kamal S/o Ramnarayan, R/o Nindad P.s Harmada, District, Jaipur Presently Residing At R/o Mangalam Vihar, Bandh Ki Dhani, Sikar Road, District, Jaipur. Presently Confined In Central Jail, Dausa ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Ajatshatru Meena For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 09/09/2025 1. This second bail application has been filed by the accused petitioner under Section 483 BNSS in connection with FIR No. 633/2023 registered at Police Station Kotwali Dausa, District Dausa for offences punishable under Sections 147, 148, 149, 458, 323 & 302 IPC. 2. Heard and considered. 3. The Court, while considering the bail application No. 6979/2025 filed by the co-accused-Himanshu @ Bantu, had observed as under:- "8. Article 21 of the Constitution of India provides for a right of speedy trial to an accused as continuous long incarceration of an accused without sufficient progress in the trial amounts to infringement of the right to life and liberty of an accused. 9. As per the report of the court below, the prosecution witnesses did not turn up for their [2025:RJ-JP:36290] (2 of 3) [CRLMB-10674/2025] examination on 18.07.2024, 19.07.2024, 14.08.2024, 17.08.2024, 23.08.2024, 06.09.2024, 18.09.2024, 19.09.2024, 05.10.2024, 07.10.2024, 17.10.2024, 18.10.2024, 21.10.2024, 22.10.2024, 04.11.2024, 11.11.2024, 14.11.2024, 21.11.2024, 22.11.2024, 29.11.2024, 30.11.2024, 04.12.2024, 20.12.2024, 21.12.2024, 08.01.2025, 31.01.2025, 19.02.2025, 03.03.2025, 05.03.2025, 10.03.2025, 17.03.2025, 28.03.2025, 29.03.2025, 09.04.2025, 11.04.2025, 24.04.2025, 25.04.2025, 30.04.2025, 01.05.2025, 02.06.2025, 14.07.2025 and then on 28.07.2025. 10. In view of the aforesaid circumstances, it would be harsh to keep continuously the accused petitioners in custody without there being any satisfactory progress in the trial and that too because on a fault on the part of prosecution, who are failing to produce the prosecution witnesses for examination. 11. Hence, this Court, without making any comment on the merit/demerits of the case, deems just and proper to enlarge the accused petitioners on bail." 4. The accused petitioner is in custody since 07.04.2024 and therefore the ground of delay in trial which has been made the basis for grant of bail to the co-accused-Himanshu @ Bantu is available to the present accused petitioner also. 5. In view of the aforesaid, this Court, without expressing any opinion on the merits/demerits of the case, deems just and proper to enlarge the accused petitioner on bail. 6. Accordingly, this second bail application is allowed and it is directed that accused-petitioners shall be released on bail provided that he furnish a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the Trial Court with the stipulation that he shall appear before that Court or any Court to which the matter is [2025:RJ-JP:36290] (3 of 3) [CRLMB-10674/2025] transferred, on all subsequent dates of hearing and as and when called upon to do so. (GANESH RAM MEENA),J Gaurav Srivastava/Satyendra/111