[2025:RJ-JP:42138] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 13189/2025 Hariom S/o Ramgopal, R/o Mudik, Police Station Basedi, District Dholpur (Raj.) (At Present Confined In District Jail Dholpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Anil Jain For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 14/10/2025 1. The second bail application under Section 483 of BNSS is filed by the applicant-accused Hariom S/o Ramgopal seeking bail in respect of a criminal case registered as FIR No.93/2025 dated 20.03.2025 registered at P.S. Basedi District - Dholpur , for the offence under Sections 115(2), 126(2), 351(2), 352, 3(5) of BNS. The first bail application of petitioner was dismissed on 25.08.2025. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the [2025:RJ-JP:42138] (2 of 3) [CRLMB-13189/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that injured Ramavtar PW-2 has turned hostile and not supported the case of prosecution. He further submitted that other witnesses PW1, PW-3 and PW-4 have turned hostile and not supported the case of prosecution. He referred the allegations against present petitioner and submitted that there was a cross-case and incident is result of sudden provocation, thus a case of free fight. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. The first bail application of petitioner was dismissed on 25.08.2025 and thereafter the statement of injured Ramavtar was recorded as PW-2 and he has turned hostile and did not named petitioner for any assault. Other witnesses PW-1 Matadeen, PW-3 Vidyaram and PW-4 RajkumarI have turned hostile and not supported the case of prosecution. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case [2025:RJ-JP:42138] (3 of 3) [CRLMB-13189/2025] and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 8. Thus, the second bail application filed on behalf of applicant- accused Hariom S/o Ramgopal, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /9