[2025:RJ-JP:2730] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 700/2025 Sonu Luhar S/o Arjun, Aged About 28 Years, R/o Krishna Colony, Bhawani Mandi, Police Station Bhawani Mandi, District Jhalawar (Raj) (At Present In Sub Jail, Bhawani Mandi, Jhalawar). ----Petitioner Versus State of Rajasthan, Through pp ----Respondent For Petitioner(s) : Mr. Vijay Singh for Mr. Shyam Bihari Gautam For Respondent(s) : Ms. Aarti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 20/01/2025 1. The instant second bail application has been filed under Section 483 of BNSS., on behalf of the petitioner, who has been arrested in connection with FIR No.374/2024 registered at Police Station Bhawani Mandi, District Jhalawar for the offences punishable under Sections 126(2), 115(2) & 189(2) of BNS. 2. The first bail application of the petitioner was dismissed as withdrawn with liberty to renew the prayer of bail after recording testimony of victim as well as medical expert, who examined the victim. Now victim and medical expert have been examined at trial. Thus, this second bail application has been preferred. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that during the course of trial, the victim and her family [2025:RJ-JP:2730] (2 of 3) [CRLMB-700/2025] members have been examined and they have been declared hostile as they have not supported the prosecution case. Petitioner is in custody since 20.09.2024 & there are no criminal antecedents against him. Charge-sheet has been filed and trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the prayer of bail, but she fails to controvert the fact that victim and other family members have been declared hostile. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially looking to the fact that the victim has been declared hostile by the prosecution; absence of criminal antecedents 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 the second bail application. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner - Sonu Luhar S/o Arjun, shall be released on bail provided he 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 he shall appear before that Court and any [2025:RJ-JP:2730] (3 of 3) [CRLMB-700/2025] court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 8. The observation made hereinabove is only for the decision of this bail application and would not prejudice the trial in any manner. (ANIL KUMAR UPMAN),J DIVYA SAINI /65