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2025 DAILYLAW 39036 (RAJ)

CHOTU S/O SHREE RAISINGH v. STATE OF RAJASTHAN

CRLMB/16658/2025 · 2025-12-19

Praveer Bhatnagar

body2025

Judgment text

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[2025:RJ-JP:51606] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No.16658/2025 Chotu S/o Shree Raisingh, R/o Barodi, Sarmathura, Dholpur, Rajasthan. (Presently The Accused Petitioner Is Confined At District Jail, Dholpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Deepak Chauhan, Adv. Mr. Sahil Rajpurohit, Adv. Ms. Anaya Gupta, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 19/12/2025 1. The instant third bail application has been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.142/2025, registered at Police Station Sarmathura, District Dholpur for the offence(s) under Sections 189(2), 115(2), 126(2), 109(1), 351(2) and 351(3) of BNS. 2. The petitioner has filed the third bail application on the ground that the second bail application of the petitioner was dismissed by this Court vide order dated 10.11.2025 with liberty to file afresh after recording the statement of the injured witness. It is contended that the injured witness PW-1 Sonu was examined, who did not support the prosecution story and turned hostile. It is further submitted that the accused-petitioner is in custody since [2025:RJ-JP:51606] (2 of 2) [CRLMB-16658/2025] 10.06.2025 and further trial of the case may take considerable time; therefore, the third bail application of the petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of the bail application. 4. Heard and perused material available on record. 5. The second bail application of the petitioner was dismissed with liberty to file afresh after recording the statement of the injured witness. The injured witness has now been examined by the trial Court as PW-1, and he has turned hostile and not supported the prosecution story and specifically denied the fact that the petitioner fired at him. Therefore, considering the above fact that further trial of the case may take considerable time and without expressing anything upon the merits of the case, this Court deems it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the third bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, is allowed and it is ordered that the accused-petitioner-Chotu S/o Shree Raisingh, in connection with FIR No.142/2025, registered at Police Station Sarmathura, District Dholpur, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-47