[2025:RJ-JP:20242] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3554/2025 Hardev @ Neta S/o Ramdayal, Aged 54 Years, R/o Sikrori Police Station Kumher District Deeg Rajasthan. (Presently Confined In Central Jail Bharatpur) ----Accused-Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Ashvin Garg, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA Mr. Nemsingh Gurjar, Adv. for complainant HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 14/05/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of BNSS, 2023 against the order dated 13.01.2025 passed by learned Additional Sessions Judge Kumher, Bharatpur (Raj.) in connection with FIR No.0715/2022 registered at Police Station Kumher, District Bharatpur for the offences punishable under Sections 147, 148, 149, 302, 120-B of IPC and Section 3/25 of Arms Act, by which the bail application of the accused-applicant under Section 439 of Cr.P.C. has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant-Hardev has not been named in the FIR as assailant. Initially, the charge-sheet was not filed against the present accused-applicant and investigation was kept pending [2025:RJ-JP:20242] (2 of 3) [CRLMB-3554/2025] under Section 173(8) of Cr.P.C. Learned counsel argues that the accused-applicant was not present on the place of occurrence and none of the eye-witness has named the present accused-applicant to be present at the time of the incident. Learned counsel also argues that the present accused-applicant has been made accused in this case with the aid of Section 118(2) of IPC and as per the statements of eye-witnesses namely; Maya, Ravita and Tenpal recorded under Section 161 of Cr.P.C., all the three witnesses have deposed in their statements that prior to the date of incident on 25.11.2022, a meeting was held, in which, the present accused- applicant was also present. Learned counsel contends that similarly situated co-accused-Jaidev has been enlarged on bail by Co-Ordinate Bench of this Court vide order dated 12.07.2023 (S.B. Criminal Miscellaneous Bail Application No.4431/2023). Learned counsel prays that the accused-applicant was arrested on 22.11.2024 and since then, he is behind the bars, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor and learned counsel appearing on behalf of the complainant vehemently oppose the bail application. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the facts and circumstances of the case and considering the facts that the present accused-applicant has not been named in the FIR and was not present at the time of the incident; that the presence of accused-applicant was in a meeting held on 25.11.2022, whereas, the incident occurred on 27.11.2022; that the similarly situated co-accused-Jaidev has [2025:RJ-JP:20242] (3 of 3) [CRLMB-3554/2025] been enlarged on bail by Co-Ordinate Bench of this Court and against the order of granting bail, complainant moved to Hon'ble Supreme Court by way of filing Special Leave to Appeal (Crl.) No(s). 11177/2023, which has been dismissed vide order dated 08.12.2023, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Hardev @ Neta S/o Ramdayal, arrested in FIR No. 0715/2022 registered at Police Station Kumher, District Bharatpur (Raj.) shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. 7. Accused-Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita/23