[2025:RJ-JP:2042] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10878/2024 Balvinder @ Bunty S/o Late Shri Indaraj, Aged About 21 Years, R/o Kumharon Ki Dhani, Tan Badau, Police Station Khetri Nagar, District Neem Ka Thana, Rajasthan. (At Present Confined In District Jail - Sikar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. S.K. Lamba, Mr. Manvendra Singh Choudhary For Respondent(s) : Mr. S.R. Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 15/01/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.112/2023 registered at Police Station Khetri Nagar, District Jhunjhunu for the offence(s) under Section 302 of IPC. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the entire case rests upon the circumstantial evidence. It is alleged in the prosecution story that the accused- petitioner had a scuffle with the deceased and thereafter, he followed the deceased and caused murder of the deceased with the aid of stone. It is also contended that the two main witnesses regarding last seen, have turned hostile and not supported the prosecution story. Learned counsel for the petitioner has referred [2025:RJ-JP:2042] (2 of 3) [CRLMB-10878/2024] statements of PW-2 Mahipal and PW-3 Ramesh Kumar, both the witnesses in their cross-examination have denied the prosecution story and stated that they did not see any incident occurred between the accused-petitioner and the deceased. It is further contended that apart from the circumstantial evidence of last seen, there is no other incriminating evidence collected during investigation and there is no direct evidence available against the accused-petitioner regarding causing death of the deceased. The evidence of motive shown against the accused-petitioner is bleak and on the basis of motive, it cannot be held that the accused- petitioner was involved in causing murdered of the deceased. The accused-petitioner is in custody since 20.06.2023, trial/investigation of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor vehemently opposes the bail application. 4. Heard and perused the material available on record. 5. Considering the fact that the last seen witnesses i.e. PW-2 Mahipal and PW-3 Ramesh Kumar, have turned hostile and not supported the prosecution story. Considering the arguments advanced by learned counsel for the petitioner and taking into note that the accused-petitioner is in custody since 20.06.2023, trial/investigation of the case may take considerable time, thus, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Balvinder @ [2025:RJ-JP:2042] (3 of 3) [CRLMB-10878/2024] Bunty S/o Late Shri Indaraj in connection with FIR No.112/2022 registered at Police Station Khetri Nagar, District Jhunjhunu shall be enlarged on bail provided he furnishes 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 his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Keshav/124