[2025:RJ-JP:9040] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. 2nd Bail Application No. 2757/2025 Mohanlal Meena S/o Bherulal, Aged About 73 Years, R/o Ward No. 1, Subhash Colony, Ramganjmandi, Police Station Ramganjmandi, District Kota (Rajasthan) (Presently Confined In Sub Jail, Ramganjmandi) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dinesh Kumar Garg For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/02/2025 1. The instant second bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.291/2024 registered at Police Station Ramganjmandi, District Kota Rural for the offences punishable under Sections 103(1), 190, 115(2) & 126(2) of BNS. Later on, police filed charge-sheet for offences punishable under Sections 103(1), 190, 115(2), 126(2), 191(2) & 191(3) of BNS. 2. First bail application of the petitioner was dismissed as withdrawn with liberty to file fresh bail application after recording testimony of complainant as well as two eye witnesses. Now, both the witnesses have been examined during the course of trial. Thus, this second bail application has been preferred. [2025:RJ-JP:9040] (2 of 3) [CRLMB-2757/2025] 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that there is omnibus allegation against the petitioner in the FIR. It is submitted that two eye witnesses have been examined during the course of trial and they have not supported the prosecution case as they have been declared hostile by the prosecution. It is submitted that complainant of this case is deliberately not appearing in the trial court despite the fact that he is being represented by his counsel. It is also evident from the charge-sheet that main allegation of causing injury on the head of the deceased is against co-accused person. Learned counsel argues that other co-accused persons have been granted bail by this Court. It is argued that petitioner has no criminal antecedents and he is in custody since 07.07.2024. Further custody of the petitioner would not serve any fruitful purpose. Charge-sheet has been filed and trial will take time in its conclusion. 4. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. 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 petitioner, as also considering the material available on record in the form of charge-sheet; role attributed to the petitioner in the charge-sheet; conduct of the complainant that despite service he is not appearing in the trial court and further considering the fact that both eye witnesses have been declared hostile by prosecution; petitioner has no criminal [2025:RJ-JP:9040] (3 of 3) [CRLMB-2757/2025] antecedents, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner Mohanlal Meena S/o Bherulal, shall be released on bail provided he 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 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. (ANIL KUMAR UPMAN),J CHARU SONI /42