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[2025:RJ-JP:50886] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 15582/2025
1. Banwari Alias Banno S/o Hukam Singh @ Hukma,
2. Tularam Alias Tulla S/o Tej Singh,
3. Harishankar S/o Dan Singh @ Dani, All residents of Village Kanwadi, Police Station Kaman, District Deeg, (Rajasthan) (All at Present Confined In District Jail, Deeg). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous 2nd Bail Application No.15583/2025 Ghanshyam S/o Jaipal, Aged About 26 Years, R/o Village Kanwadi, Police Station Kaman, District Deeg, Rajasthan. (At Present In Judicial Custody In Sub Jail Deeg Since 04.03.2025). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Girish Khandelwal, Adv. Mr. S.S. Solanki, Adv. Mr. Ramesh Singh Tanwar, Adv. Mr. Madan Singh Chouhan, Adv. For Respondent(s) :
Mr. Shree Ram Dhakar, Adv. HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 17/12/2025
1. These instant second bail applications have been filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioners. The accused-petitioners have been
[2025:RJ-JP:50886] (2 of 3) [CRLMB-15582/2025] arrested in connection with FIR No.110/2025, registered at Police Station Kaman, District Deeg for the offence(s) under Sections 189(2), 115(2), 126(2) and 103(1) of BNS. 2. The petitioners have filed second bail applications on the ground that their first bail applications were dismissed as withdrawn with liberty to file afresh after recording the statements of Machla Devi, Rameshwar, Munesh and the concerned medical jurist who prepared the postmortem report (PMR) of the deceased. It is contended that the eye-witnesses have now been examined and that PW-2 Machla Devi, PW-3 Rameshwar, and PW- 4 Munesh, have turned hostile and have not supported the prosecution story, specifically denying that the petitioners caused the assault which resulted in the death of the deceased. It is further contended that the petitioners are in custody since 04.03.2025 and the further trial of the case may take considerable time; therefore, the second bail applications deserve to be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail applications and contended that the petitioners are alleged to have committed the murder of the deceased; therefore, the second bail applications of the accused-petitioners deserve to be dismissed. 4. Heard and perused the material available on record. 5. Eye-witnesses PW-2 Machla Devi, PW-3 Rameshwar, and PW- 4 Munesh have turned hostile and not supported the prosecution story.
Further trial of the case may take considerable time, therefore, considering the statements of the eye-witnesses and
[2025:RJ-JP:50886] (3 of 3) [CRLMB-15582/2025] without commenting anything on the merits of the case, this Court deems it fit and proper to enlarge the accused-petitioners on bail. 6. Accordingly, these second bail applications under Section 483 of Bharatiya Nagarik Suraksha Sanhita, are allowed and it is ordered that the accused-petitioners namely; 1. Banwari Alias Banno S/o Hukam Singh @ Hukma, 2. Tularam Alias Tulla S/o Tej Singh, 3. Harishankar S/o Dan Singh @ Dani and 4. Ghanshyam S/o Jaipal, in connection with FIR No.110/2025, registered at Police Station Kaman, District Deeg, shall be enlarged on bail provided both of them furnish 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 their 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 /4-5