[2025:RJ-JP:48244] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 13232/2025 1. Jaswant S/o Premchand, Aged About 36 Years, R/o Ward No.24, Ratipada, Sangod, Police Station Sangod, District Kota, Rajasthan. 2. Bhupendra S/o Narotam, Aged About 24 Years, 3. Mukesh S/o Narotam, Aged About 20 Years, R/o Both R/o Ward No.4, Gujrati Mohalla, Sangod, District Kota, Rajasthan. (At Present Accused Petitioners Confined In Central Jail Kota) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Surendra Sharma, Adv. For Respondent(s) For Complainant(s) : : Mr. M.S. Shekhawat, PP Mr. Manish Kumawat, Adv. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 26/11/2025 1. This second application for bail under Section 483 of BNSS has been filed on behalf of the petitioners, herein, who have been arrested in connection with FIR No.194/2024 registered at Police Station Sangod, District Kota Rural for offences punishable under Sections 147, 148, 149, 341, 323 & 302 of IPC. 2. The first bail application filed on behalf of the petitioners was dismissed as withdrawn by this Court vide order dated 11.08.2025 while giving liberty to renew the prayer for bail after recording the testimony of complainant/informant. Now, testimony of complainant/informant has been recorded before the trial Court as [2025:RJ-JP:48244] (2 of 4) [CRLMB-13232/2025] PW-2. Thus, this second bail application has been preferred on behalf of the petitioners. 3. It is contended by the learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submits that there is no eye-witness of the incident in this matter and the entire prosecution case is based on circumstantial evidence. However, there is no evidence or circumstance available on record that connects the petitioners with the alleged offence. Counsel further contends that main allegation is against co-accused persons namely- Narotam & Premchand and it appears from the record that the petitioners have been implicated in this case merely because of their relationship with the aforesaid co-accused persons. Counsel submits that the articles allegedly recovered at the instance of the petitioners, such are wooden stick, axe and vest (Baniyan), have no evidentiary value in this matter, as no DNA of the deceased persons were found on them. It is contended that trial of the case will take considerable time in its conclusion. Counsel submits that petitioners are in custody since June, 2024, and keeping them in further custody will not serve any fruitful purpose. Further, there is only one criminal antecedent against the petitioners in which they are on bail. 4. Per contra, the learned State counsel and counsel for the complainant vehemently oppose the submissions made by the counsel for the petitioners. Counsel for the complainant submits that blood traces were found on the articles recovered at the instance of the petitioners. He further submits that the [2025:RJ-JP:48244] (3 of 4) [CRLMB-13232/2025] complainant had last seen the deceased persons with the petitioners and other co-accused persons. It is also submitted that there was a land dispute between the petitioners and the deceased persons, which clearly establishes their motive. 5. At this stage, counsel appearing for the petitioners submits that FIR does not mention allegation of petitioners being last seen with the deceased persons and during cross-examination, the complainant himself has admitted the fact that he lodged the case against the petitioners merely on the basis of suspicion and he simply received the information from one Firoz with regard to the accident of his father and brother. 6. I have considered the contentions. 7. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced by learned counsel for the petitioners, especially considering the material available on record and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this second bail application. 8. Accordingly, this second bail application is allowed and it is directed that accused-petitioners (1) Jaswant S/o Premchand, (2) Bhupendra S/o Narotam and (3) Mukesh S/o Narotam shall be released on bail, provided each of them furnishes a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakhs only) together with two sureties in the sum of Rs.1,00,000/- (Rupees One Lakh only) each to the satisfaction of the learned Trial Court with the stipulation that they shall appear before that [2025:RJ-JP:48244] (4 of 4) [CRLMB-13232/2025] 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. 9. However, it is ordered that the petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of every month in the concerned police station, till conclusion of the trial. It is further directed that petitioners shall share their mobile numbers (in use) to the trial Court and Investigating Agency and they shall keep their mobile phones in active mode and they shall not switch off their mobile phones intentionally for longer period. 10. Concerned SHO shall enter attendance of the petitioners in the Roznamcha. In case, the petitioners fail to mark their 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 comes to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to the petitioners 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 Manoj Solanki/-89