[2025:RJ-JP:50684] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 15324/2025 Banwari S/o Harisingh, Aged About 20 Years, R/o Dabak, Police Station Kaithwada, District Deeg. (At Present In Central Jail Bharatpur, Rajasthan). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Harendra Singh, Adv. with Mr. Shivam Sharma, Adv. For Respondent(s) : Mr. Devi Singh, Dy.GA Mr. Vivek Chaudhary, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 16/12/2025 1. The first bail application has been dismissed by this Court vide order dated 14.05.2025 passed in S.B. Criminal Miscellaneous Bail Application No. 4482/2025 based on the allegation qua the accused-applicant for causing gun-shot injury on the back of the injured-witness namely; Mehboob. 2. The present second bail application has been filed by the accused-applicant under Section 483 of the B.N.S.S, 2023 against the order dated 11.11.2025 passed by learned Additional Sessions Judge, Nagar, District Deeg (hereinafter referred to as learned 'trial Court') in connection with FIR No. 34/2025, registered at Police Station Kaithwada, District Deeg for the offences punishable under Sections 115(2), 3(5) & 109(1) of BNS, 2023, by which the [2025:RJ-JP:50684] (2 of 3) [CRLMB-15324/2025] second bail application of the accused-applicant under Section 483 of the B.N.S.S, 2023 has been dismissed. 3. Learned counsel for the accused-applicant submits that the accused-applicant was arrested in this case on 15.02.2025 and since then, he is behind the bars. Learned counsel further submits that the charges against the accused-applicant have been framed on 03.06.2025 after the dismissal of first bail application by this Court vide order dated 14.05.2025. Learned counsel contends that the injured-witness namely; Mehboob had been summoned by the learned trial Court to record his statement but he did not appear despite service. Thereafter, bailable warrant had been issued to ensure his presence before the learned trial Court for his examination. However, even after service of bailable warrant, the injured-witness did not appear and thereby, arrest warrant has been issued against the injured-witness. 4. Learned counsel also contends that the allegation of causing gun-shot injury is on the back of the injured-witness, but no spinal injury has been caused. Learned counsel further contends that the injured witness is not appearing before the learned trial Court, deliberately simply to cause delay in getting his statements recorded and his object is to keep the accused-applicant in judicial custody for a long time. Learned counsel prays that the accused- applicant is 20 years of age and trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail. In support of his arguments, learned counsel has submitted the certified copies of the charges framed against the accused- applicant and the order-sheets of the learned trial Court; which are taken on record. [2025:RJ-JP:50684] (3 of 3) [CRLMB-15324/2025] 5. On the other hand, learned Public Prosecutor opposes the present second bail application. 6. Heard learned counsel for the parties and also perused the material available on record. 7. Having regard to the facts and circumstances of the case; that the accused-applicant is 20 years of age; that the charges against the accused-applicant have been framed after the dismissal of his first bail application; that the injured-witness namely; Mehboob has been summoned by the learned trial Court by issuing bailable warrant and subsequently, arrest warrant has been issued to record his statement; however, the injured-witness did not appear; that the accused-applicant is behind the bars since 15.02.2025 and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the present second bail application filed on behalf of the accused-applicant. 8. Consequently, the present second bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Banwari S/o Harisingh, arrested in FIR No. 34/2025, registered at Police Station Kaithwada, District Deeg shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. 9. The accused-applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /1