[2026:RJ-JP:763] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Third Bail Application No. 17121/2025 Mukesh Rathore S/o Dhannalal, aged about 43 Years, R/o Near Hanuman Mandir, Ghana Chowk, Sunel, Police Station Sunel, District Jhalawar (Rajasthan) (At present confined in District Jail Jhalawar). ----Petitioner Versus State of Rajasthan through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Ajay Singh Yaduvanshi For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/01/2026 1. This third bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.69/2025 registered at Police Station Sunel, District Jhalawar (Rajasthan) for offences punishable under Sections 115(2), 126(2) & 3(5) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter for offences punishable under Sections 115(2), 126(2), 3(5), 109(1) & 117(2) of BNS, 2023. 2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by this court vide order dated 28.07.2025 while giving liberty to renew the prayer for bail after filing of result of investigation. Thereafter, second bail application was filed on behalf of the petitioner and same was dismissed by this court vide [2026:RJ-JP:763] (2 of 3) [CRLMB-17121/2025] order dated 03.09.2025. Now, this third bail application has been preferred. 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that now both the injured namely- Poonamchand @ Brajraj and Lalit have been examined during the course of trial wherein they did not support the prosecution case and have been declared hostile. It is submitted that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. It is contended that petitioner is in custody since 07.05.2025 and 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, he fairly concedes that aforesaid injured persons did not support the prosecution case and they have 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 parties, especially considering the fact that both the injured namely- Poonamchand @ Brajraj and Lalit have been examined during the course of trial wherein they did not support the prosecution case and declared hostile, as also the fact that there are no criminal antecedents of the petitioner and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the [2026:RJ-JP:763] (3 of 3) [CRLMB-17121/2025] merits/demerits of the case, I deem it fit and proper to allow this third bail application. 7. This third bail application is accordingly allowed and it is directed that accused-petitioner- Mukesh Rathore S/o Dhannalal shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty 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 observations made hereinabove are 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 /27