[2025:RJ-JP:4302] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 552/2025 Banwari S/o Gopal, R/o Village Khodi (Sanwatgarh), Police Station Dablana, District Bundi (Rajasthan). (At Present Confined In District Jail Bundi). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Ms. Rekha Arora For Respondent(s) : Mr. Vijay Singh Yadav, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 30/01/2025 1. This second bail application has been filed by the petitioner under Section 483 of the B.N.S.S. arising out of F.I.R. No.350/2023, registered with the Police Station Dablana, District Bundi for offence under Section 302 of IPC. 2. First bail application of the petitioner bearing S.B. Criminal Misc. Bail Application No.8332/2024 was dismissed by this Court as withdrawn vide order dated 01.10.2024 with liberty to file fresh after examination of prosecution witnesses namely Purushottam @ Kalu and Pooja. 3. Learned counsel for the petitioner submits that the prosecution witnesses namely PW-1- Prabhu Lal, PW-2- Pooja and PW-3- Purushottam have been examined by the trial Court. Counsel further submits that PW-1- Prabhu Lal has not supported the prosecution story and he has been declared hostile. Counsel further submits PW-2- Pooja who is the daughter of the deceased and was said to be present at the place of incident, has not supported the prosecution story and she has been declared [2025:RJ-JP:4302] (2 of 2) [CRLMB-552/2025] hostile. Counsel further submits that PW-3- Purushottam who is 9 years old boy of the deceased, was also present at place of incident and he has also not supported the prosecution story. Counsel also submits that the petitioner is in custody since 22.12.2023, therefore, he may be released on bail. 4. Learned Public Prosecutor appearing for the State opposed the bail application. 5. Considered the submissions made at bar and also perused the material available on record. 6. Having regard to the submissions made by learned counsel for the petitioner so also the fact that that the material witnesses have not supported the prosecution story and have been declared hostile and also the fact that the petitioner is in custody since 22.12.2023, this Court without expressing any opinion on merits and demerits of the case, deems just and proper to enlarge the petitioner on bail. 7. Accordingly, this bail application is allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes 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 he shall appear before the trial 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 Satyendra/363