[2025:RJ-JP:23725] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 1341/2025 Kalyan Singh @ Kanha S/o Shri Narayan Singh, R/o Chungi Naka, Sidd Baba Ka Mandir Ke Pass, Ward Number-25, Kasva Rajakheda, District Dholpur (At Present Petitioner Confined In District Jail, Dholpur) (At Present Petitioner Confined In District Jail, Dholpur) ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Govind Upadyay For Respondent(s) : Mr. Amit Punia, PP Mr. Sarthak Choubey & Mr. Bhanu Prakash Sharma, for complainant HON'BLE MR. JUSTICE GANESH RAM MEENA Order 30/06/2025 1. This second bail application is filed by the accused petitioner u/S 483 BNSS in connection with FIR No. 190/2023 registered at Police Station Rajakheda, District Dholpur for offences punishable u/S 304-B IPC. 2. The first bail application No. 15599/2023 was dismissed as withdrawn vide order dated 12.08.2024 with liberty to file fresh bail application after examination of the prosecution witnesses namely; Krishna, Lakhan Singh & Rajshree. 3. Learned counsel for the accused petitioner submits that the accused petitioner is in custody since 27.06.2023 and the material witnesses have already been examined. He further submits that [2025:RJ-JP:23725] (2 of 3) [CRLMB-1341/2025] the prosecution witnesses the brother, father and mother of the deceased have already been examined by the trial Court and they have not supported the prosecution story and have been declared hostile. Counsel also submits that other material witnesses have also turned hostile. 4. Learned Public Prosecutor as well as the counsel for the complainant vehemently opposed the bail application. 5. Counsel appearing for the complainant submits that the material prosecution witnesses have turned hostile. 6. Considered the submissions made at bar and also perused the statements of the prosecution witnesses recorded during the trial. 7. Krishna, the brother of the deceased was examined as PW-1, father named Lakhan was examined as PW-6 and mother named Rajshree was examined as PW-7. 8. The aforesaid prosecution witnesses have not supported the prosecution story and have been declared hostile. 9. On perusal of the statements of the prosecution witnesses recorded so far, PW-2 Gangasingh, PW-3 Vijay Singh, PW-4 Ravi, PW-5 Ramhari, PW-8 Laxman Singh & PW-9 Rinku had also not supported the prosecution story and have been declared hostile. 10. Having regard to the submissions made by learned counsel for the accused petitioner and taking into consideration the evidence of the prosecution witnesses and the fact that the accused petitioner is in custody since 27.06.2023, this Court, without expressing any opinion on merits or demerits of the case, deems just and proper to enlarge the petitioner on bail. [2025:RJ-JP:23725] (3 of 3) [CRLMB-1341/2025] 11. Accordingly, this second bail application is allowed and it is directed that accused-petitioner shall be released on bail provided that he furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the Trial Court with the stipulation that he shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. (GANESH RAM MEENA),J GAURAV SRIVASTAVA /7