1. This second bail application under Section 483 BNSS has
been filed on behalf of the petitioner, who has been arrested in
connection with FIR No.226/2023 registered at Police Station Udai
Mod, District Gangapur City (Raj.) for offences punishable under
Sections 302, 394, 458, 143, 323, 341 & 506 of IPC. After
completion of investigation, police filed charge-sheet in this matter
for the offences punishable under Sections 302, 396, 460, 147,
148, 149, 323, 341 & 506 of IPC.
2. The first bail application preferred on behalf of the petitioner
was dismissed by this Court vide order dated 28.11.2024.
3. Learned counsel for the petitioner submits that petitioner has
falsely been implicated in this case. Counsel submits that after
[2025:RJ-JP:27034] (2 of 3) [CRLMB-8520/2025]
dismissal of first bail application of the petitioner, some material
witnesses have been examined and it appears from their
testimony that petitioner was not armed with sharp-edged
weapon. Counsel submits that as per the post-mortem report,
cause of death is sharp injuries on the chest and stomach of the
deceased. Counsel submits that it has been admitted by the
complainant/informant himself that petitioner was armed with
lathi. Counsel submits that till date, only 11 witnesses have been
examined out of 23 cited prosecution witnesses thus, trial of the
case is likely to take considerable time. Counsel submits that co-
accused namely- Vivek has already been granted benefit of bail by
this Court vide order dated 20.05.2025 and case of the petitioner
is also on similar footing. As per impugned order dated
06.06.2025 passed by learned trial court while dismissing the bail
application of the petitioner, there are no criminal antecedents
against him. Counsel contends that petitioner is in custody since
14.09.2023 and as such he has served incarceration of almost one
year ten months. Further custody of the petitioner would not serve
any fruitful purpose.
