[2025:RJ-JD:46055]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2^nd Bail Application No. 12418/2025 Bhupendra Singh S/o Than Singh, Aged About 21 Years, Resident Of Jethaniya, Police Station Dechu District Phalodi Raj.

(Lodged In Central Jail Jodhpur)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dhirendra Singh, Sr. Advocate with Mr. Jagdish Singh.

For Respondent(s) : Mr. Narendra Gehlot, PP.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

17/10/2025 This second application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.66/2024 registered at Police Station Dechu, District Phalodi, for the offences under Sections 341, 323, 427, 324, 326 and 307/34 IPC and Sections 4/25 of the Arms Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that as per the prosecution, on 01.06.2024, the petitioner alongwith co-accused persons surrounded the injured-Dhan Singh and started beating him mercilessly with blunt and sharp weapons. Learned counsel submitted that as per the prosecution, in the alleged incident, which occurred on 01.06.2024, one hand of the injured was cut off with sharp weapon (sword) by the accused persons Kalu Singh and Bhupendra Singh.

Learned counsel submitted that specific allegation of cutting off the hand of the injured with sharp weapon has been levelled against the co-accused Kalu Singh and Bhupendra Singh. Learned counsel submitted that statements of material prosecution witnesses including the injured- Dhan Singh have already been recorded before the competent criminal court. Learned counsel submitted that all the material prosecution witnesses including the injured- Dhan Singh, during their court statements, have not supported the prosecution story and have turned hostile.

Learned counsel submitted that since the material prosecution witnesses including the injured have already been recorded and they have been declared hostile; there is no specific allegation against the present petitioner in the FIR; the petitioner, who is in judicial custody since 03.06.2024 and the trial of the case will take sufficiently long time, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application and submitted that in the present case, the petitioner alongwith co-accused persons, in a predetermined manner, brutally attacked the injured with blunt and sharp weapons. Learned Public Prosecutor submitted that sharp weapon (sword) has been recovered at the instance of co- accused Kalu Singh. Learned Public Prosecutor submitted that looking to the seriousness of allegation against the petitioner, he does not deserve to be enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that the specific allegation of cutting off the hand of the injured- Dhan Singh with sharp weapon (sword) has been levelled against the accused persons Kalu Singh and Narendra Singh; the material prosecution witnesses including the injured have not supported the prosecution story and turned hostile; sharp weapon (sword) has been recovered at the instance of co-accused Kalu Singh and the learned Public Prosecutor has not shown any apprehension of the petitioner influencing the prosecution witnesses in case he is enlarged on bail.

Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, this second application of bail under Section

483 BNSS is allowed. It is ordered that the accused-petitioner Bhupendra Singh S/o Than Singh arrested in connection with FIR No.66/2024 registered at Police Station Dechu, District Phalodi, shall be released on bail, if not wanted in any other case, provided he furnishes a