[2025:RJ-JP:49488] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2nd Miscellaneous Bail Application No. 15573/2025 Jayant@ J K S/o Shri Mukesh Kumar, R/o Bhagwadi Kala P.s Behror Sadar District Kotputli Behror, Rajasthan. (At Present In Central Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Pradeep Sharma For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 02/12/2025 1. The second bail application under Section 483 of BNSS is filed by the applicant-accused Jayant@ J K S/o Shri Mukesh Kumar seeking bail in respect of a criminal case registered as FIR No.862/2021 dated 28.10.2021 registered at P.S. Behror, District - Bhiwadi, for the offence under Sections 307 and 34 IPC. 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. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. [2025:RJ-JP:49488] (2 of 6) [CRLMB-15573/2025] 3. Learned counsel for petitioner submits that till date four witnesses were examined by the prosecution before the trial court and out of which both material witnesses PW-3 Munni Devi and PW-4 Narayan Singh have turned hostile and not supported the case of prosecution. He further submitted that complaint is lodged by Bheem Singh on 28.10.2021 about incident of 26.10.2021, but due to death of Bheem Singh he could not be examined before the trial court. He further submitted that as on today there is no evidence on record to show that present petitioner is involved in the incident. He further submitted that both the near relatives of injured Bheem Singh, PW-3 Munni Devi and PW-4 Narayan, have turned hostile and not supported the case of prosecution. He further submitted that as per prosecution three criminal cases were registered against the petitioner but one case arising out of FIR No. 35/2021 has already been disposed of by way of compromise whereas in Sessions Case No. 53/2017 arising out of FIR No. 346/2017 present petitioner was already acquitted. He also submitted that in another case where present petitioner is facing charge under Section 302 IPC he was released on bail by a co-ordinate bench of this Hon’ble Court on 07.03.2025. He further submitted that another accused Sandeep and Bhupendra were already released on bail pursuant to order dated 07.03.2024 and 23.01.2024 by a co-ordinate bench of this Hon’ble Court. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. [2025:RJ-JP:49488] (3 of 6) [CRLMB-15573/2025] 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 present petitioner was dismissed on 18.09.2025 wherein we have observed as under: 6. On basis of a Parchabayan of injured Bheem Singh on 27.10.2021 about incident of night of 26.10.2021, report is registered on 28.10.2021 and the matter is investigated. In Parchabayan, injured has named Tiger @ Mahendra and Jayant for firing upon him. The material indicate that after investigation, police has filed chargesheet against Jayant for firing upon him. The material indicate that after investigation, police has filed charge- sheet against Jayant , Mahendra @ tiger, Bhupendra @ KD and Sandeep @ Chida under Sections 307 and 34 IPC. Two accused Bhupendra @ KD and Sandeep @ Chida were granted bail by Co-ordinate Bench of this Court. A status report dated 07.08.2025 called from the trial Court indicate that on 25.06.2025, charges were framed against Bhupendra and Sandeep and now date is fixed for recording statement of witnesses. It is apparent on record from the report that initially charge against Jayant and Mahendra were framed on 10.05.2024 and thereafter for one or other reason, the matter has been delayed and same is explained in the report by learned [2025:RJ-JP:49488] (4 of 6) [CRLMB-15573/2025] Additional Sessions Judge No.2, Behror, District Kotputli-Behror. 7. There are five criminal cases registered against the petitioner accused and out of five cases, the petitioner accused was released on bail on 07.03.2025 in FIR No.860/2021 by a Co-ordinate Bench of this Court wherein present petitioner is facing charge under Section 302 IPC. For one case, learned counsel has submitted that same is pending before the trial Court whereas orders dated 21.02.2024 in a matter arising out of FIR No.35/2021 and order dated 31.07.2018 in a matter arising out of FIR No.346/2017 are filed on record to show that the petitioner accused is acquitted in these two cases. The death certificate dated 16.07.2024 indicate that injured Bheem Singh has expired on 27.04.2024. 7. Aforesaid fact clearly indicate that five criminal cases were registered against the petitioner and in two matters the present petitioner was acquitted, but in FIR No. 860/2021 under Section 302 IPC petitioner was granted bail by a co- ordinate bench of this Court on 07.03.2025. Two other accused Sandeep and Bhupendra were granted bail by a co- ordinate bench of this Court under Section 439 Cr.P.C. The material on record clearly indicated that PW-3, mother of injured, and PW-4, grandfather of injured, have turned hostile and not supported the case of prosecution. The injured Bheem Singh has expired and copy of death certificate is placed on record. [2025:RJ-JP:49488] (5 of 6) [CRLMB-15573/2025] 8. 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 and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused with certain conditions. 9. Thus, the instant bail application filed on behalf of applicant- accused Jayant@ J K S/o Shri Mukesh Kumar, 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–petitioner shall mark his attendance on every 1st and 3rd Tuesday of a month in the concerned police station (Behror) till disposal of the criminal case. (iii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iv) 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. (v) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. [2025:RJ-JP:49488] (6 of 6) [CRLMB-15573/2025] 10. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /15