[2025:RJ-JP:15363] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3550/2025 Taar Mohammad @ Tara S/o Shri Juhar Khan, Aged About 39 Years, R/o Shekhpur Bas, Police Station Sadar Alwar, At Present R/o Akbarpur, Police Station Akbarpur, Alwar (Raj.) (At Present In Central Jail, Alwar) ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. S.S. Sunda For Respondent(s) : Mr. Amit Poonia, PP, Mr. Anil Agarwal for complainant HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/04/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.70/2025 registered at Police Station Kotwali Alwar, District Alwar for the offence(s) under Section 109(1) of BNS and Section 5/27 of Arms Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that no injury was caused to the complainant. The complainant has alleged that the petitioner opened fire. It is also contended that the complainant has submitted an affidavit (Annexure-3) before this Court stating the fact that no such incident took place and he has also stated that there was a money dispute between the petitioner and the complainant and he denied [2025:RJ-JP:15363] (2 of 3) [CRLMB-3550/2025] the fact that the petitioner opened fire at him. It is also contended that the petitioner is in custody since 29.01.2025 and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned counsel for the complainant concedes that complainant- Sanjay Khan has submitted the affidavit containing the fact that no such incident took place, therefore, if the bail application of the accused-petitioner is allowed, then the complainant has no objection. 4. Learned Public Prosecutor has vehemently opposed the bail application and contended that the accused-petitioner is a habitual offender and against him six criminal cases are pending under various offences. It is also contended that fire arm cartridges were recovered from the petitioner's possession, therefore, considering the conduct of the petitioner, the bail application of the accused- petitioner may be dismissed. 5. Heard and perused the material available on record. 6. Admittedly, no injury was caused to complainant- Sanjay Khan. It is alleged by the prosecution that the petitioner opened fire with the intention to cause murder of complainant Sanjay Khan. The complainant- Sanjay Khan in his affidavit submitted before the Court denied the prosecution story. It is not desirable to express anything on the merits of the case, considering the above facts, I deem it just and proper to enlarge the accused- petitioner on bail. 7. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Taar [2025:RJ-JP:15363] (3 of 3) [CRLMB-3550/2025] Mohammad @ Tara S/o Shri Juhar Khan, in connection with FIR No.70/2025 registered at Police Station Kotwali Alwar, District Alwar shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. 8. The accused is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Keshav/10