[2025:RJ-JP:49488]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2^nd Miscellaneous Bail Application No. 15573/2025 Jayant@ J K S/o Shri Mukesh Kumar, R/o Bhagwadi Kala P.s Behror Sadar District Kotputli Behror, Rajasthan. (At Present In Central Jail Alwar).

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Pradeep Sharma For Respondent(s) : Mr. Manvendra Singh Choudhary, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

02/12/2025

1. The second bail application under Section 483 of BNSS is filed by the applicant-accused Jayant@ J K S/o Shri Mukesh Kumar seeking bail in respect of a criminal case registered as FIR No.862/2021 dated 28.10.2021 registered at P.S. Behror, District - Bhiwadi, for the offence under Sections 307 and 34 IPC.

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.

3. Learned counsel for petitioner submits that till date four witnesses were examined by the prosecution before the trial court and out of which both material witnesses PW-3 Munni Devi and PW-4 Narayan Singh have turned hostile and not supported the case of prosecution. He further submitted that complaint is lodged by Bheem Singh on 28.10.2021 about incident of 26.10.2021, but due to death of Bheem Singh he could not be examined before the trial court. He further submitted that as on today there is no evidence on record to show that present petitioner is involved in the incident. He further submitted that both the near relatives of injured Bheem Singh, PW-3 Munni Devi and PW-4 Narayan, have turned hostile and not supported the case of prosecution. He further submitted that as per prosecution three criminal cases were registered against the petitioner but one case arising out of FIR No. 35/2021 has already been disposed of by way of compromise whereas in Sessions Case No. 53/2017 arising out of FIR No. 346/2017 present petitioner was already acquitted. He also submitted that in another case where present petitioner is facing charge under Section 302 IPC he was released on bail by a co-ordinate bench of this Hon’ble Court on 07.03.2025. He further submitted that another accused Sandeep and Bhupendra were already released on bail pursuant to order dated 07.03.2024 and

23.01.2024 by a co-ordinate bench of this Hon’ble Court.

4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature.

5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

6. The first bail application of present petitioner was dismissed on 18.09.2025 wherein we have observed as under:

6. On basis of a Parchabayan of injured Bheem Singh on 27.10.2021 about incident of night of 26.10.2021, report is registered on 28.10.2021 and the matter is investigated. In Parchabayan, injured has named Tiger @ Mahendra and Jayant for firing upon him. The material indicate that after investigation, police has filed chargesheet against Jayant for firing upon him. The material indicate that after investigation, police has filed charge- sheet against Jayant , Mahendra @ tiger, Bhupendra @ KD and Sandeep @ Chida under Sections 307 and 34 IPC. Two accused Bhupendra @ KD and Sandeep @ Chida were granted bail by Co-ordinate Bench of this Court. A status report dated 07.08.2025 called from the trial Court indicate that on 25.06.2025, charges were framed against Bhupendra and Sandeep and now date is fixed for recording statement of witnesses. It is apparent on record from the report that initi