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[2025:RJ-JP:302] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 14840/2024 Tilakchand S/o Munshiram, Aged About 26 Years, R/o Bhurari, Police Station Vijaymandir Alwar, District Alwar (Raj.). (Presently Confined At Central Jail, Alwar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Kapil Gupta For State For Complainant(s) : : Ms. Aarti Sharma, PP Mr. Surendra Singh Sunda HON'BLE MR. JUSTICE GANESH RAM MEENA
Order 03/01/2025
1. The accused-petitioner has filed this second bail application under Section 483 B.N.S.S. arising out of F.I.R. No.118/2024 registered with the Police Station Khairthal, District Khairthal- Tijara for offence under Sections 323, 328 & 302 of IPC.
2. The first bail application bearing No.10108/2024 was dismissed as withdrawn by this Court vide order dated 24.09.2024 with liberty file fresh bail application after examination of the prosecution witness- Devendra.
3. Heard.
4. Considered the submissions made at bar and also perused the challan papers as well as the statements of the prosecution witnesses examined so far.
[2025:RJ-JP:302] (2 of 3) [CRLMB-14840/2024]
5. PW-5 Devendra, who is brother-in-law (Devar) of the deceased- Rekha, has deposed that on 27.03.2024, the deceased with the assistance of her son namely; Sunny, came to him and asked for the mobile phone and after talking to someone, she left the house. The conversation between the deceased and the accused-petitioner got recorded on mobile phone, which was on auto record mode.
6. On perusal of the transcript, it is revealed that something was consumed by the deceased at her own house and she had narrated those facts to the accused-petitioner so that he may took her to the hospital. Some of the material witnesses namely; Rohitash (PW-7), Shivlal (PW-6) & Sarbati (PW-10) have also been declared hostile.
7.
Learned counsel for the complainant submitted that Smt. Kanti (PW-9) has specifically stated that some poison was administered by the accused-petitioner to deceased- Rekha.
8. Taking into consideration the overall facts and circumstances of the case and more particularly the conversation between the accused-petitioner and the deceased on 27.03.2024, the possibility of false implication cannot be ruled out and the accused-petitioner is in custody since 09.05.2024, hence, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the accused- petitioner on bail.
9. This second bail application is, accordingly, allowed and it is
directed that accused-petitioner shall be released on bail provided
[2025:RJ-JP:302] (3 of 3) [CRLMB-14840/2024] 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 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 ARTI SHARMA /26