[2025:RJ-JP:7368] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 2345/2025 Sumit Gurjar S/o Hablu Gurjar, R/o Ward No. 15, Tijara Police Station And Tehsil Tijara District Alwar. At Present In Sub Jail, Kishangarhbas. ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous 2nd Bail Application No. 2538/2025 Lokesh @ Locky S/o Hukam Chand, R/o In Front Of Police Station, P.s. And Tehsil Tijara, District Khairthal-Tijara (Raj.) (At Present Confined In Central Jail Alwar, District Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous 2nd Bail Application No. 2688/2025 Anil Kumar Gurjar S/o Leelaram, R/o Infront Of Police Station Tijara, Police Station And Tehsil Tijara, District Khairthal-Tijara (Rajasthan) (At Present In Central Jail, Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Harendra Singh Mr. Sanjay Yadav Mr. Surendra Singh Sunda For Respondent(s) For Complainant(s) : : Mr. Jai Prakash Tiwari, PP Mr. Manjeet Kumar HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 19/02/2025 1. These second bail applications have been filed under Section 483 of BNSS, on behalf of the petitioners, who have been arrested [2025:RJ-JP:7368] (2 of 4) [CRLMB-2345/2025] in connection with FIR No.638/2023 registered at Police Station Tijara, District Bhiwadi (Raj.) for the offences punishable under Sections 143, 323 & 341 of IPC. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 143, 147, 149, 323, 341 & 302 of IPC. 2. First bail applications of the petitioners was dismissed as withdrawn by this Court vide order dated 29.11.2024 with liberty to renew the prayer of bail after recording testimony of complainant as well as three eye-witnesses namely- Sirajuddin, Mohit @ Mausam & Dinesh. Now, the complainant as well as the eye-witnesses have been examined during the course of trial. Thus, these second bail applications have been preferred. 3. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is submitted that complainant as well as two eye-witnesses namely- Mohit @ Mausam and Dinesh Yadav have not supported the prosecution case and they have been declared hostile. As far as testimony of witness Sirajuddin is concerned, it appears that he is not a reliable witness and his presence at the place of incident was coincidental. It is submitted that trial is going at snail pace as till date only 5 witnesses have been examined out of the 56 cited prosecution witnesses. There are no criminal antecedents against the petitioners. Charge-sheet has been filed and trial will take considerable time in its conclusion. Petitioners are in custody since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. [2025:RJ-JP:7368] (3 of 4) [CRLMB-2345/2025] 4. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners however, learned counsel appearing on behalf of the complainant fairly concedes that complainant has been declared hostile. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners especially the fact that complainant including two eye-witnesses have been declared hostile so also considering the fact that only 5 witnesses have been examined till date out of the 56 cited prosecution witnesses; charge-sheet has been filed and trial will take time in its conclusion; absence of criminal antecedents as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these second bail applications. 7. These second bail applications are accordingly allowed and it is directed that accused-petitioners – 1) Sumit Gurjar S/o Hablu Gurjar, 2) Lokesh @ Locky S/o Hukam Chand & 3) Anil Kumar Gurjar S/o Leelaram shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that they 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:7368] (4 of 4) [CRLMB-2345/2025] 8. The observation made hereinabove is only for decision of these instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /278-280