Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:6837] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10955/2024 Sunil S/o Rameshwarlal, Aged About 27 Years, R/o Dhigal, Police Station Mukundgarh, District Jhunjhunu (Raj.) (At Present Confined In District Jail Jhunjhunu). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 12587/2024 Sampat Singh S/o Shri Bhawani Singh, Aged About 30 Years, R/o Shyampura Nua, P.S. Mandawa District Jhunjhunu (At Present Confined In District Jail Jhunjhunu). ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. O.P. Jhajhria, Adv., and Mr. Sanjeev Kumar Mahala, Adv., with Mr. Vijay Punia, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order 17/02/2025
1. These instant bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.129/2024 registered at Police Station Sadar Jhunjhunu, District Jhunjhunu for the offences punishable under Sections 302 and 34 of IPC. Later on, Police has filed charge-sheet in this matter.
[2025:RJ-JP:6837] (2 of 3) [CRLMB-10955/2024]
2. It is contended by learned counsel for the petitioners that petitioners have falsely been implicated in this case. Learned counsel submit that all the material witnesses including complainant (father of the deceased) have been examined during course of the trial, they have not supported the prosecution case and they have been declared hostile. They contend that there are no criminal antecedents against the petitioners, charge-sheet has already been filed and trial of the case will take considerable time. They argue that the petitioners are in custody since 11.06.2024 and further custody of the petitioners would not serve any fruitful purpose.
3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners, but failed to controvert the fact that all the material witnesses including complainant have been declared hostile.
4. I have considered the contentions.
5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners as also looking to the fact that all the material witnesses including complainant have been declared; absence of criminal antecedents; charge-sheet has been filed and trial will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications.
6. These bail applications are accordingly allowed and it is
directed that accused-petitioners – 1. Sunil S/o Rameshwarlal
[2025:RJ-JP:6837] (3 of 3) [CRLMB-10955/2024] and 2. Sampat Singh S/o Shri Bhawani Singh shall be released on bail provided, each of them 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 each of them 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.
7. The observation made hereinabove is only for decision of these bail applications and would not have any impact or bearing on the trial.
(ANIL KUMAR UPMAN),J MADAN/73-74