[2025:RJ-JP:39583] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 11498/2025 Phool Singh S/o Shri Hari Singh, Aged About 60 Years, R/o Gan- gapura Ka Kheda, Police Station Bhawanimandi, J Dist. Jhalawar (Raj.) (At Present Accused Confined In Central Jail Jhalawar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Chhavi Chaturvedi For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP & Mr. Gaurav Gupta, Asstt. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 23/09/2025 1. This second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.218/2021 registered at Police Station Bhawanimandi, District Jhalawar (Rajasthan) for the offences punishable under Sections 147, 148, 149, 341, 323, 302 & 307 of IPC. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 147, 148, 149, 341, 323, 302, 307, 324 & 326 of IPC and Section 4/25 of Arms Act. 2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by co-ordinate Bench of this court vide [2025:RJ-JP:39583] (2 of 3) [CRLMB-11498/2025] order dated 26.09.2023. Now, this second bail application has been preferred. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits the entire case is based on circumstantial evidence and petitioner has nothing to do with the alleged crime. He has been made accused in this case only on the basis of suspicion. There are several flaws and laches in the case of prosecution. Counsel submits that co-accused namely Hukum Singh, Ishwar Singh, Nepal Singh, Bahadur Singh, Jaipal Singh and Govind Singh have already been granted benefit of bail by Co-ordinate Bench of this Court. Counsel submits that there are no criminal antecedents of the petitioner. Counsel submits that petitioner is in custody since 19.05.2021 and as such, he has served incarceration of more than four years and four months therefore, looking to the snail pace of the trial, there is bleak chance of culmination of trial in near future. He argues that if the trial is protracted beyond reasonable limits, it is not justifiable to subject an accused to indefinite incarceration. Further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the prayer for bail made by learned counsel for the petitioner. 5. I have considered the contentions. 6. In the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, as also the fact that co-accused namely Hukum Singh, Ishwar Singh, Nepal Singh, Bahadur Singh, Jaipal Singh and Govind Singh have been granted benefit of bail by [2025:RJ-JP:39583] (3 of 3) [CRLMB-11498/2025] Co-ordinate Bench of this Court; there are no criminal antecedents against the petitioner; trial will take considerable time in its conclusion as well as looking to the period of custody which is more than four years and four months, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this second bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner Phool Singh S/o Shri Hari Singh 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 0Court 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 observations made hereinabove are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /149