[2026:RJ-JP:11672] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 3787/2026 Ramesh Bawariya S/o Ramlal Bawariya, Aged 23 years, R/o Aam Ki Dhani, Tehsil Dudu, District Jaipur, Presently Confined In Sub- Jail, Sambhar Lake ----Petitioner Versus State Of Rajasthan, Through The Pp ----Respondent For Petitioner(s) : Mr. Ashvin Garg, Adv. For Respondent(s) For Complainant : : Mr. MS Shekhawat, PP Mr. Rinesh Gupta, Adv. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/03/2026 1. This second application for bail under Section 483 of BNSS has been filed on behalf of the petitioner herein who has been arrested in connection with FIR No.236/2024 registered at Police Station Dudu, District Jaipur for offences punishable under Sections 103(1), 115(2), 126(2), 191(2), 191(3) & 190 of BNS. After completion of investigation, Police filed charge-sheet for offences punishable under Sections 103(1), 115(2), 126(2), 117(2) & 324(4) of BNS in the concerned Court. 2. Counsel for the petitioner submits that the first bail application of the petitioner was dismissed as withdrawn vide order dated 06.08.2025 with liberty to renew the prayer for bail after recording the testimony of one Hansa, who is witness in both the cases registered between the parties and one injured Amar Chand. Counsel submits that both the witnesses have been [2026:RJ-JP:11672] (2 of 3) [CRLMB-3787/2026] examined during the course of trial. Counsel submits that witness Hansa has not supported the prosecution case and she has been declared hostile. Counsel further submits that complainant of this case Tufaan has also been examined and he has also not supported the prosecution case and has been declared hostile. Counsel further submits that cross cases have been registered between the parties wherein both the parties have sustained injuries. It is also evident that complainant party was aggressor as they approached to the house of the petitioner wherein some scuffle took place. Soon thereafter, another incident occurred wherein there is allegation against the petitioner to cause Kulhari (axe) blow on the head of the deceased. Counsel submits that it appears from the record that witness Hansa is the daughter of injured Amarchand and she married the petitioner against the will of her father Amarchand and for this reason, scuffle took place between the parties. Counsel submits that witness Hansa has admitted the aforesaid facts in her testimony. 3. Counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Counsel submits that trial will take time in its conclusion. The petitioner is in custody since 20.09.2024 and as such, he has suffered incarceration of more than two years and five months and thus, further custody of the petitioner would not serve any fruitful purpose. 4. Per contra, learned State counsel assisted by learned Counsel appearing for the complainant vehemently opposes the submissions advanced on behalf of the petitioner. He submits that looking to the gravity of offence as well as evidence that has come [2026:RJ-JP:11672] (3 of 3) [CRLMB-3787/2026] on record so far, especially that the petitioner is the author of the fatal injury, he does not deserve indulgence of bail. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced by counsel for the parties, especially considering the testimony of witness Hansa and complainant Tufaan, who have been declared hostile and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this second bail application. 7. Consequently, this second bail application is allowed. It is ordered that the accused-petitioner Ramesh Bawariya S/o Ramlal Bawariya 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 bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J Manoj Solanki /29