[2025:RJ-JP:50756] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 3rd Bail Application No. 16481/2025 Devisahay S/o Ramkishor, Aged About 33 Years, R/o Balpada, Dhani Golada, Police Station Baijupada, District Dausa (Raj.) (At Present Confined At Sub Jail, Bandikui). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Meghraj Meena Mr. Rajendra Kumar Sharma For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt. G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/12/2025 1. This third bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.203/2024 registered at Police Station Baijupada, District Dausa for offences punishable under Sections 189(2), 115(2), 126(2), 74 & 109(1) of Bharatiya Nyaya Sanhita (in short, ‘BNS’), 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 126(2), 115(2), 118(2), 109(1), 191(2) & 191(3) read with Section 190 of BNS. 2. The first bail application preferred on behalf of the petitioner was dismissed as withdrawn by this Court vide order dated 24.03.2025. Thereafter, second bail application was preferred by petitioner, which was dismissed as withdrawn vide order dated [2025:RJ-JP:50756] (2 of 3) [CRLMB-16481/2025] 06.10.2025 while giving liberty to renew the prayer for bail after recording testimony of injured Kaluram. Counsel submits that now, Kaluram has been examined during the course of trial thus, this third bail application has been preferred. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that injured Kaluram has been examined during the course of trial as PW-4 wherein he has not supported the prosecution case and has been declared hostile. It is contended that charge-sheet has already been filed in this matter and trial will take considerable time in its conclusion. It is argued that petitioner is in custody since 05.11.2024 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner as well as the material available on record in the form of charge-sheet, especially the facts that injured Kaluram has not supported the prosecution case and he has been declared hostile; and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this third bail application. 7. This third bail application is accordingly allowed and it is directed that accused-petitioner - Devisahay S/o Ramkishor, [2025:RJ-JP:50756] (3 of 3) [CRLMB-16481/2025] shall be released on bail provided, he shall furnish a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty 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. 8. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /19