[2025:RJ-JP:40657] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No. 9115/2025 Banwari Lal @ Sarpanch S/o Ramniwas, Aged About 33 Years, R/o Paadadi Topkhana, Police Station Khandar, District Sawai Madhopur (Raj.) (Presently The Accused Is In Judicial Custody In District Jail Sawai Madhopur). ----Accused-Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent Connected With S.B. Criminal Miscellaneous III Bail Application No. 10337/2025 Mahesh Chand S/o Shri Harikishan, Aged About 23 Years, R/o Peeladanda, Police Station Baharawanda Kalan, District Sawai Madhopur (Raj.) (At Present In District Jail Sawai Madhopur) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Gupta, Adv., and Mr. Shyam Bihari Gautam, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 07/10/2025 1. These bail applications under Section 483 BNSS have been filed on behalf of the petitioners, who have been arrested in connection with FIR No.89/2024 registered at Police Station Bharawanda Kalan, District Sawai Madhopur for the offences punishable under Sections 189(2) and 103(1) of BNS, 2023. After [2025:RJ-JP:40657] (2 of 3) [CRLMB-9115/2025] completion of investigation, police filed charge-sheet in this matter. 2. Vide order dated 21.04.2025, previous bail applications of the petitioners were dismissed. Learned counsel for the petitioners submit that thereafter, five witnesses have been examined during the course of the trial including eye-witness PW.5 Panchi Devi. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. He submits that from the testimony of the aforesaid witnesses, it is clear that no offence is made out against the petitioners. They further submit that petitioners have not been named by the witnesses. They argue that investigation has been completed and now, they are no more required for any purpose. The petitioners are in custody since October, 2024 and trial will take considerable time in its conclusion as till date, only 5 witnesses have been examined out of 33 cited prosecution witnesses. The petitioners do not have any criminal antecedents. Further custody of the petitioners would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners. He submits that it is evident from charge-sheet that the petitioners were members of the conspiracy. 5. I have considered the contentions. 6. Having regard to the overall facts and circumstances of the present case and considering the arguments advanced by learned counsel for the petitioners and the testimony of the prosecution witnesses examined so far; as also looking to the period of [2025:RJ-JP:40657] (3 of 3) [CRLMB-9115/2025] custody and absence of criminal antecedents but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 7. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1. Banwari Lal @ Sarpanch S/o Ramniwas, and 2. Mahesh Chand S/o Shri Harikishan shall be released on bail provided, each of them 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 they 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. 8. The observations made hereinabove are only for decision of these bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J Sudhir Asopa/36-37