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2025 DAILYLAW 5538 (RAJ)

BANWARI LAL S/O SHRI JEETPAL v. STATE OF RAJASTHAN

CRLMB/1647/2025 · 2025-05-21

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:21404] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No.1647/2025 Banwari Lal S/o Shri Jeetpal, R/o Gram Pooth Silawat, Police Station Rajakheda, District Dholpur. (At Present Confined In District Jail, Dholpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anil Jain with Mr. Udit Sapra For Respondent(s) : Mr. Vivek Sharma, PP-cum-Addl. GA JUSTICE ANOOP KUMAR DHAND Order 21/05/2025 1. This second bail application under Section 483 BNSS has been filed by the petitioner in connection with FIR No.182/2023, registered at Police Station Rajakheda District Dholpur wherein he is charged for offences punishable under Sections 143, 302 & 452 IPC. 2. The first bail application of the petitioner was rejected by this Court vide order dated 16.10.2024 granting liberty to the petitioner to renew his prayer for bail after recording of statements of the material witnesses. 3. Learned counsel for the petitioner submits that up till now statements of seven prosecution witnesses have been recorded out of which PW-1 Kali Charan, PW-2 Jeetpal, PW-4 Satyaveer, PW-6 Ramveer and PW-7 Betal have been declared as hostile as they have not supported the case of the prosecution. Learned [2025:RJ-JP:21404] (2 of 2) [CRLMB-1647/2025] counsel submits that the statement of PW-3 Ram Khiladi and PW-5 Bigha Ram are there but the same does not reflect concrete evidence against the petitioner to show nexus with the alleged incident. Learned counsel submits that the petitioner is in custody since 23.06.2023 and the trial will take its own time to conclude, therefore, indulgence of bail be granted to the petitioner. 4. Per contra, learned counsel for the respondent opposed the application. 5. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that out of seven material witnesses, five witnesses namely PW-1 Kali Charan, PW-2 Jeetpal, PW-4 Satyaveer, PW-6 Ramveer and PW-7 Betal have not supported the case of prosecution and they have been declared as hostile and the petitioner is in custody since June, 2023 and trial will take its own time to conclude and without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioner under Section 483 BNSS. 6. Accordingly, this second bail application under Section 483 BNSS is allowed and it is ordered that accused-petitioner Banwari Lal s/o Shri Jeetpal arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. (ANOOP KUMAR DHAND),J Karan/27