[2025:RJ-JP:4304] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 558/2025 1. Aditya @ Manager S/o Shri Shyam Veer Shriwal, R/o Morar, District Gwalior, Madhya Pradesh, At Present Resident Of Army Area, Antaghar, Kota, Rajasthan. (Presently Confined In Central Jail, Kota). 2. Saket Kumar Raj @ Satyam S/o Shri Suresh Kumar Saha, R/o Shambhuganj, Police Station Shambhuganj, District Banka, Bihar. At Present Resident Of In Front Of House No. 935, Mahaveer Nagar Second, Police Station Mahaveer Nagar, Kota Rajasthan. (Presently Confined In Central Jail, Kota). 3. Brajesh Upadhyay @ Luv Kumar S/o Ravindra Upadhyay, R/o Village Raksiya, Police Station Agrer, District Rohtash, Bihar, At Present Resident Of House No. 638, Indra Vihar, Police Station Jawahar Nagar, Kota, Rajasthan. (Presently Confined In Central Jail, Kota). ----Petitioners Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Dr. Gunjan Sharma, Adv. For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 30/01/2025 1. This second bail application has been filed by the accused- petitioners under Section 483 of BNSS in connection with FIR No.299/2023, registered at Police Station Jawahar Nagar, District Kota for the offences punishable under Sections 147, 148, 149 & 302 of IPC. [2025:RJ-JP:4304] (2 of 3) [CRLMB-558/2025] 2. The first bail applications of the accused- petitioners bearing S.B. Criminal Misc. Bail Applications No.1188/2024, 5514/2024 & 5515/2024 were dismissed as withdrawn by this Court vide order dated 09.09.2024 with liberty to file fresh bail application after examination of the prosecution witnesses namely; Aryan, Aditya, Amit & Naman. 3. Learned counsel for the petitioner submits that one of the prosecution witness namely; Naman (PW4) did not support the prosecution story and has been turned hostile. Counsel further submits that the cause of death is shock brought about as a result of anti-mortem head injury and its consequences sufficient to lead cause of death in ordinary course of nature. Counsel also submits that the head injury attributed to co-accused who is child in conflict with law who has already been enlarged on bail by the Judge Children Court, Kota in Criminal Appeal No. 02/2024. 4. Counsel for the petitioner submits that all the accused- petitioners are the students who were preparing for JEE and they are in custody since 13.12.2023 i.e. for last more than one year. 5. Learned Public Prosecutor has vehemently opposed the second bail application. 6. Considered the submissions made by learned counsel for the petitioner and also perused the challan papers as well as the statements of the prosecution witnesses examined so far. 7. One of the prosecution witness namely; Naman (PW4) did not support the prosecution story and has been turned hostile. 8. On perusal of the statements of the other prosecution witnesses and also the head injury which has been opined to be [2025:RJ-JP:4304] (3 of 3) [CRLMB-558/2025] caused death has been attributed to one of the co-accused who is child in conflict with law and has already been enlarged on bail. 9. Taking into consideration the overall facts and circumstances of the case and more particularly the fact that the accused- petitioners are students who were preparing for JEE and keeping in mind their future as well as their incarceration for more than one year, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the petitioners on bail. 10. Accordingly, this second bail application is, allowed and it is directed that accused-petitioners shall be released on bail provided each of them shall 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) each to the satisfaction of the trial Court with the stipulation that they shall appear before that Court or any other Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. (GANESH RAM MEENA),J DIVYA SAINI /364