[2025:RJ-JP:49233] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 14394/2025 Bhoopendra Alias Bhoopi S/o Shri Bajrang Singh, Aged About 28 Years, R/o Village Mangwa, Police Station Parbatsar, District Na- gaur, At Present Plot No. 83, Greenpark-E, Nangal Jaisabohra Post Nanangwas, Police Station Kardhani, Jaipur. (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nirmal Kumar Sharma For Respondent(s) : Mr. N.S. Dhakar, PP Mr. M.S. Shekhawat, PP with Mr. Shubham Sain, AAAG HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 03/12/2025 1. The second bail application under Section 483 of BNSS has been filed on behalf of the petitioner who has been arrested in connection with FIR No.1186/2022 registered at Police Station Kardhani, District Jaipur West (Raj.) for offences punishable under Sections 147, 148, 149, 302 & 120B of IPC and Section 3/25 of Arms Act. After completion of investigation, police filed charge- sheet in this matter for offences punishable under Sections 147, 148, 149, 302, 109 & 120B of IPC and Sections 3/25 & 3/25(6) of Arms Act. 2. The first bail application filed on behalf of the petitioner was dismissed by this Court vide order dated 11.12.2023. After [2025:RJ-JP:49233] (2 of 4) [CRLMB-14394/2025] dismissal of the earlier bail application, five witnesses have been examined including the person who prepared analysis of the viral video thus, this second 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. It is submitted that none of the witnesses have alleged anything against the petitioner. Counsel submits that previous bail application of the petitioner was dismissed in light of the conclusions recorded in paragraph no.17 of the charge-sheet, wherein it has been stated that the petitioner was present at the place of incident to assist the co-accused persons in committing the alleged crime. Counsel submits that trial will take considerable time in its conclusion as till date, only 5 witnesses have been examined out of 36 cited prosecution witnesses. Counsel submits that petitioner is in custody since 25.11.2022 and as such, he has suffered incarceration of more than 3 years. It is submitted that petitioner is a young boy aged about 28 years and continued detention will ruin his entire life. Counsel submits that petitioner is willing to comply with all conditions that may be imposed by the Hon’ble Court. No useful purpose would be served by keeping him in further custody. 4. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by learned counsel for the petitioner and submits that petitioner is a habitual offender as 10 other cases have been registered against him. He further submits that after rejection of the previous bail application, there is no substantial change in circumstances and it [2025:RJ-JP:49233] (3 of 4) [CRLMB-14394/2025] is evident from the record that petitioner was also present at the scene of crime. 5. At this stage, learned counsel for the petitioner submits that petitioner has already been acquitted in 6 cases. He further submits that though petitioner can be seen in the video but no active role is appearing against him. 6. I have considered the contentions. 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by both the parties, especially considering the material available on record in the form of charge-sheet, as also the fact that none of the witnesses have alleged anything against the petitioner, so also the fact that petitioner is a young boy aged about 28 years and trial will take considerable time in its conclusion as well as looking to the custody period which is more than 3 years, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application. 8. This second bail application is accordingly allowed and it is directed that accused-petitioner - Bhoopendra Alias Bhoopi S/o Shri Bajrang Singh, shall be released on bail provided he furnishes 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. [2025:RJ-JP:49233] (4 of 4) [CRLMB-14394/2025] 9. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station. 10. Concerned SHO shall enter the attendance of the petitioner in the Roznamcha. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 11. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court. 12. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 13. 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 GAUTAM JAIN /23