[2025:RJ-JP:50722]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Misc. Second Bail Application No. 13681/2025 Deepak @ Tillu S/o Sajjan Singh, Aged About 24 Years, R/o Bhensawata Kalan, Police Station Singhana, District Jhunjhunu (Raj.) (Accused Petitioner Is In Judicial Custody In District Jail Khetri).

----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asstt. G.A.

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

16/12/2025

1. The second bail application under Section 483 of BNSS has been filed, on behalf of the petitioner, who has been arrested in connection with FIR No.238/2024 registered at Police Station Singhana, District Jhunjhunu for offences punishable under Sections 103(1) & 238(b) of Bharatiya Nyaya Sanhita (in short, ‘BNS’), 2023. After completion of investigation, police filed charge- sheet in this matter for offences punishable under Sections

103(1), 311, 238(a) & 3(5) of BNS, 2023.

2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by this Court vide order dated 03.09.2025 while giving liberty to renew the prayer for bail after recording testimony of three main witnesses namely- Jagdish Prasad @ Naru, Rajkumar son of Indra Singh and Akash Lamba son of Ranveer Singh as well as Investigating Officer of the case. Now, the three main witnesses have been examined during the course of trial and examination-in-chief of Investigating Officer has been recorded. Thus, this second bail application has been filed on behalf of the petitioner.

3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. It is submitted that the three main witnesses have not supported the prosecution case and they have been declared hostile. It is submitted that blood-stained mobile phone of the deceased was recovered on the basis of joint information furnished by the petitioner and co-accused namely- Gulshan. It is submitted that said co-accused has already been granted benefit of bail by this Court and co-accused persons namely- Anil Kumar @ Mintu & Yogesh Tailor have already been granted benefit of bail by Co- ordinate Bench of this Court. It is submitted that the vehicle of the deceased was shown to be recovered from an open area in front of the petitioner’s house prior to the arrest of the petitioner. It is submitted that there are two criminal antecedents against the petitioner wherein he is on bail. It is submitted that trial will take considerable time in its conclusion as till date, only 6 witnesses have been examined out of 23 cited prosecution witnesses. Counsel submits that the petitioner is in custody since 31.07.2024 and further custody of the petitioner would not serve any fruitful purpose.

4. Learned Public Prosecutor vehemently opposes the submissions made by learned counsel for the petitioner. He submits that as per prosecution story, petitioner is main accused of this case.

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 both the parties, especially considering the material available on record in the form of charge-sheet including the fact that entire prosecution case is based on circumstantial evidence, as also the fact that three main witnesses of the case have not supported the prosecution case and they have been declared hostile, so also the fact that aforementioned co-accused persons have already been granted benefit of bail by this Court as well as by Co-ordinate bench of this Court and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the second bail application.

7. This second bail application is accordingly allowed and it is directed that accused-p