[2025:RJ-JP:42720] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 11840/2025 Jitendra Singh Tanwar @ Babu Son Of Virendra Singh Rajput, Resident Of Dhani Dungriwali Tan Ganeshwar, Police Station Sadar Neem Ka Thana, District Sikar, At Present District Neem Ka Thana ( At Present Accused Petitioner Confined In District Jail Sikar) ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Babu Lal Bairwa For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP Mr. Nikhil Sharma HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/10/2025 1. This third bail application under Section 483 of BNSS has been filed on behalf of the petitioner who has been arrested in connection with FIR No.493/2021 registered at Police Station Sri Madhopur, District Sikar (Raj.) for the offence punishable under Sections 460, 392 & 302 of IPC. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 460, 392, 302, 120-B & 201 of IPC & Section 4/25 of Arms Act. 2. In nutshell the case of the prosecution is that on 15.12.2021 Pooranmal, complainant lodged a report alleging inter alia that on last evening i.e. on 14.12.2021 when he returned back to his home from his shop, he found lock on the main door of his house [2025:RJ-JP:42720] (2 of 4) [CRLMB-11840/2025] and the latch was locked from inside it. He gave horn but was not responded, then he rushed towards the house of his younger brother Chiranji Lal, who upon hearing the horn, came out of his and unlocked the door and shouted that all are died. The complainant rushed into his house and saw that wife and mother were lying unconscious in a serious condition; blood was spread all over on the floor. He took her mother and wife to the hospital and after reaching the hospital both were died. He further stated that silver and gold ornaments (which are amounting to Rs.50 lacs) along with cash of Rs.2 lacs were found missing. Upon the basis of which, the FIR No.493/2021 has been lodged at the Police Station Sri Madhopur against unknown persons. 3. It is contended on behalf of the accused-petitioner that the petitioner is behind the bars since December 2021 and no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises. It is also contended that bail application of the co-accused Hariprakash @ Sourabh has already been accepted by learned co-ordinate bench of this court. No fruitful purpose would be served by keeping the accused behind the bars. 4. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor as also the counsel for the complainant oppose the bail application and submits that the present case is not fit for enlargement of accused on bail. It is submitted that the case of the present petitioner is distinguished [2025:RJ-JP:42720] (3 of 4) [CRLMB-11840/2025] from the case of the co-accused Hariprakash as several recoveries have been made at the instance of the accused petitioner including blood-stained clothes of the petitioner himself which shows that he was involved in the alleged crime. 5. I have considered the submissions made by both the parties and have perused the material available on record. 6. Perusal of the material revealing that the eye-witness account of the incident is not available and the case of the prosecution hinges upon certain circumstantial evidence and the statements of the prosecution witnesses. The appreciation of the circumstantial evidence is a tedious task and it can only be done when the entire material is brought on record before the trial Court and while hearing a bail application, this Court is not supposed to comment over the quality and credibility of evidence, since the same may influence the case of any of the parties. What is the undisputed fact is that the petitioner is behind the bars in this case since December 2021 and since then he is in continuous custody. From the course of proceeding, it can be presumed that the petitioner is nowhere responsible for the delay occurring in the smooth process of trial. The statements of 12 witnesses have been recorded out of the total 26 witnesses, however, number of witnesses are required to be examined and it can be assumed that a further long time shall be taken in culmination of trial. 7. It is nigh well settled law that at a pre-conviction stage; bail is a rule and denial from the same should be an exception. The purpose behind keeping an accused behind the bars during trial would be to secure his presence on the day of conviction so that [2025:RJ-JP:42720] (4 of 4) [CRLMB-11840/2025] he may receive the sentence as would be awarded to him. Otherwise, it is the rule of Criminal Jurisprudence that he shall be presumed innocent until the guilt is proved. The petitioner is behind the bars since December 2021 and as such he has suffered incarceration of nearly 3 years and 9 months and trial will take further time in its conclusion. Bail application of co-accused Hari Prakash has also been accepted by learned Co-ordinate Bench. 8. This third bail application is accordingly allowed and it is directed that accused-petitioner - Jitendra Singh Tanwar @ Babu Son Of Virendra Singh Rajput, 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 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 GAUTAM JAIN /48