[2025:RJ-JP:16583] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3689/2025 Yogesh Kumar Gurjar S/o Sh. Ramniwash, Aged About 26 Years, R/o Ward No. 9, Luharwas, Post Deepawas, Thana Sadar, Neem Ka Thana, Dist.- Sikar (Raj.) (At Present Petitioner Is Confined In Sub Jail Neem Ka Thana, District- Sikar (Raj.) ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Brahma Prakash, Adv. For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 21/04/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 06.03.2025 passed by learned Additional Sessions Judge, Shrimadhopur, District Sikar (Rajasthan) in connection with FIR No.263/2024, registered at Police Station Ajeetgarh, District Neem Ka Thana for the offences punishable under Sections 308(2), 189(2), 115(2), 126(2), 109(1), 352, 351(3) of BNS, 2023 and Sections 3 & 27 of Arms Act, by which the bail application of the accused-applicant under Section 483 of BNSS, 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this matter and the FIR has been lodged with a delay of one day. Learned counsel argues that the FIR has been registered for the offences [2025:RJ-JP:16583] (2 of 3) [CRLMB-3689/2025] punishable under Section 109(1) of BNS, 2023 also, however, no injury has been found on the body of the complainant-Hemraj and no specific allegation of opening fire was levelled on the present accused-applicant. Learned counsel also contends that the accused-applicant was arrested on 28.02.2025 and since then, he is behind the bars, investigation is still pending and trial will take long time to conclude. Learned counsel prays that no other criminal case is registered against the present accused-applicant, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor has opposed the bail application and submitted the factual report. 4. Factual report dated 21.04.2025 is taken on record. 5. Heard learned counsel for the parties and also perused the case diary. 6. Having regard to the facts and circumstances of the case, and considering the fact that the allegation in the FIR is that 5-6 persons came with intention of killing the complainant-Hemraj and opened fire on the complainant, however, no injury was found on the body of the complainant and no specific allegation against the accused-applicant has been levelled in the FIR and also considering the fact that no other criminal case is registered against the accused-applicant as well as considering the fact that the accused-applicant is behind the bars since 28.02.2025 and the fact that the trial will take long time to conclude, 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. [2025:RJ-JP:16583] (3 of 3) [CRLMB-3689/2025] 7. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Yogesh Kumar Gurjar S/o Sh. Ramniwash, arrested in FIR No. 263/2024, registered at Police Station Ajeetgarh, District Neem Ka Thana shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent attested sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. 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 /211