[2025:RJ-JP:10169] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 3248/2025 Rajveer S/o Shri Nekram @ Patre, R/o Village Ambarpur, Police Station Rajakhera, District Dholpur, Rajasthan. (Accused Petitioner Is Confined At Distt. Jail Dholpur Raj.) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Neeraj Sharma For Respondent(s) : Mr. M.S. Shekhawat, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 06/03/2025 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.111/2024 registered at Police Station Rajakhera, District Dholpur (Rajasthan) for the offences punishable under Sections 302 & 34 of IPC. Later on, police filed charge-sheet in this matter for the offences punishable under Section 304 of IPC and Sections 3(1)/25(1) & 5/25 of Arms Act. 2. First bail application of the petitioner was dismissed as withdrawn with liberty to renew the prayer of bail after recording the testimony of the complainant who is the real brother of deceased. Now, complainant has been examined during the course of trial. Thus, this second bail application has been preferred by the petitioner. [2025:RJ-JP:10169] (2 of 3) [CRLMB-3248/2025] 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that complainant has been examine during the course of trial as PW1 wherein he did not supported the prosecution case and declared hostile. Counsel submits that nephew of the deceased has been examined as PW-2 and he has also been declared hostile. Counsel submits that initially, FIR was registered for the offences punishable under Sections 302 of IPC but later on, police filed charge-sheet for the offences punishable under Sections 304 of IPC. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 07.06.2024 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. However, learned Public Prosecutor fairly conceded the fact that complainant and nephew of the deceased have been declared hostile by the prosecution. 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, especially the fact that complainant and nephew of the deceased have been declared hostile by the prosecution; absence of criminal antecedents of the petitioner; period of custody & trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. [2025:RJ-JP:10169] (3 of 3) [CRLMB-3248/2025] 7. This second bail application is accordingly allowed and it is directed that accused-petitioner Rajveer S/o Shri Nekram @ Patre 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. 8. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J LALIT MOHAN /23