Allowed¶20

Kamal Singh Meena S/O Sawai Singh Meena v. State of Rajasthan

Rajasthan HC1 Apr 2025CRLMB/4354/2025

Case brief

AI extract

What is this about?

Kamal Singh Meena second bail application allowed under Section 483 BNSS; FIR No.98/2024, PS Todabhim, District Gangapur City; offences under IPC Sections 302, 365, 506, 201 & 34; hostile witnesses Dharmo Devi (mother of deceased) and Lalitesh (last-seen witness); medical expert/post mortem testimony considered; 3 of 21 witnesses examined; custody since 27.04.2024; personal bond Rs.50,000/- and two sureties Rs.25,000/- each; Justice Anil Kumar Upman; Rajasthan High Court, Jaipur Bench; registry ref CRLMB-4354/2025; [2025:RJ-JP:14698].

What did the court decide?

Accused-petitioner Kamal Singh Meena to be released on bail on furnishing a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to appearance before the trial Court on all hearing dates. ¶20

Kamal Singh Meena S/O Sawai Singh Meena Vs… — Murder and Culpable Homicide | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the second bail application of Kamal Singh Meena, arrested in FIR No.98/2024 (PS Todabhim, District Gangapur City) for offences under Sections 302, 365, 506, 201 & 34 IPC, should be allowed, in view of the hostile witnesses, the testimony of the medical expert and the period of custody.

¶13

Court's answer

Having regard to the totality of the facts and circumstances, the arguments of counsel, the fact that witnesses Dharmo Devi and Lalitesh have been declared hostile, the testimony of the medical expert and the period of custody, and without commenting on the merits/demerits of the case, the Court deemed it proper to allow the second bail application.

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Ratio / Principle

Accused-petitioner Kamal Singh Meena is to be released on bail upon furnishing a personal bond of Rs.50,000/- together with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court, with the stipulation that he appear before that Court (or any Court to which the matter is transferred) on all subsequent dates of hearing and as and when called upon.

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Detailed headnote1 paragraphs

Bail Granted — Second bail application filed under Section 483 BNSS allowed by the Rajasthan High Court (Jaipur Bench) on 01/04/2025. Accused-petitioner Kamal Singh Meena, in custody since 27.04.2024 in FIR No.98/2024 of PS Todabhim, Dist. Gangapur City, for offences under Sections 302, 365, 506, 201 & 34 IPC, ordered released on a personal bond of Rs.50,000/- with two sureties of Rs.25,000/- each, subject to appearance before the trial Court on all hearing dates. Grant rested on: (i) material witnesses Dharmo Devi (mother of deceased) and Lalitesh (last-seen witness) having failed to support the prosecution case and being declared hostile (a concession the Public Prosecutor also made); (ii) counsel's contention, weighed with the medical expert's testimony, that death occurred due to the deceased falling into a roadside pit; (iii) only three of 21 cited witnesses examined with no immediate prospect of trial completion; and (iv) absence of criminal antecedents — all considered expressly without commenting on the merits/demerits of the case.

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[2025:RJ-JP:14698]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc. 2^nd Bail Application No. 4354/2025

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Kamal Singh Meena S/o Sawai Singh Meena, Aged About 29 Years, R/o Mirzapur, Police Station Todabhim, District Gangapur City, Rajasthan. (At Present Confined In District Jail Karauli).

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----Petitioner

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Versus

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State Of Rajasthan, Through PP

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----Respondent

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For Petitioner(s) : Mr. Rinesh Kumar Gupta For Respondent(s) : Mr. Shriram Dhakad, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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01/04/2025

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The instant second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.98/2024 registered at Police Station Todabhim, District Gangapur City for the offences punishable under Sections 302, 365, 506, 201 & 34 of IPC.

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It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. He submits that while rejecting the first bail application of the petitioner, liberty was granted to the petitioner to renew the prayer of bail after recording testimony of Dharmo Devi (mother of deceased), Lalitesh (witness of last seen) and medical expert who conducted post mortem of the dead body. All the three witnesses have been examined during the course of trial. It is submitted that Dharmo Devi and Lalitesh have not supported the

[2025:RJ-JP:14698]

[CRLMB-4354/2025]

(2 of 3)

prosecution case and have been declared hostile. Learned counsel contends that medical expert has also admitted the fact that death of deceased was occurred on account of his falling in a pit alongside the road and there is no doubt about this. It is contended that till date, only three witnesses have been examined out of 21 cited prosecution witnesses. It is contended that petitioner has no criminal antecedents and he is in custody since 27.04.2024. Further custody of the petitioner would not serve any fruitful purpose. There is no immediate prospect of completion of trial in near future.

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Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner but fairly concedes that mother of deceased and witness of last seen have not supported the prosecution case and have been declared hostile. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner as also considering the fact that witnesses Dharmo Devi and Lalitesh have been declared hostile and further considering the testimony of medical expert and period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this second bail application.

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This second bail application is accordingly allowed and it is directed that accused-petitioner - Kamal Singh Meena S/o Sawai Singh Meena, shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty

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(3 of 3) [CRLMB-4354/2025]

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[2025:RJ-JP:14698]

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Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five 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.

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(ANIL KUMAR UPMAN),J

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CHARU SONI /258

Kamal Singh Meena S/O Sawai Singh Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kamal Singh Meena S/O Sawai Singh Meena v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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