HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 16208/2024 Mahaveer Prasad Malav S/o Nathulal, Aged About 35 Years, R/o Gordhanpura, Police Station Chhipabarod, District Baran, Rajasthan. (Accused Petitioner Confined In Sub Jail Chhabra, District Baran) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Mukesh Pal Jadoun For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/01/2025 1. Petitioner has filed this second bail application under Section 483 of BNSS. 2. F.I.R. No. 354/2024 was registered against the petitioner at Police Station Chhipabarod, District Baran for the offences punishable under Sections 108, 3(5) of BNS. 3. First bail application of the petitioner was dismissed as withdrawn with liberty to renew the prayer of bail application after recording the testimony of witness- ‘P’ who is son of the petitioner as well as deceased. Counsel further submits that charge was framed against the petitioner for the offence punishable under Section 306 of IPC and thereafter aforesaid witness was examined during the course of trial as PW-1. Thus, this second bail application has been preferred. (2 of 3) [CRLMB-16208/2024] 4. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel further submits that PW.1 ‘P’ has not supported the prosecution case and he has been declared hostile. Counsel further submits that marriage of the petitioner took place with the deceased ten years ago. Petitioner is in custody since 22.07.2024. According to the postmortem report cause of death is asphyxia on account of ante-mortem hanging. He further submits that there are no criminal antecedents of petitioner. Charge-sheet has been filed and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 5. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He However, concedes that PW.1 has not supported the prosecution case and he has been declared hostile. 6. I have considered the contentions. 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially the fact that PW.1 who is the son of the deceased and petitioner has not supported the prosecution case during trial and he has been declared hostile; the petitioner is in custody since 22.07.2024 and trial will take time in its conclusion but without commenting anything on merits and demerits of the case, I deem it proper to allow the bail application. 8. This second bail application is accordingly allowed and it is directed that accused-petitioner- Mahaveer Prasad Malav S/o Nathulal shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) (3 of 3) [CRLMB-16208/2024] 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 court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 9. The observation 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. (ANIL KUMAR UPMAN),J ANAND TANWAR /53