[2025:RJ-JP:13432] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3894/2025 Shivam S/o Narendra Singh, Aged About 19 Years, R/o Chirada, Police Station, Kasaula, District Rewari (Haryana) At Present Lodged In The Sub Jail, Behror. ----Petitioner Versus State Of Rajasthan, Through The PP ----Respondent For Petitioner(s) : Mr. Ashvin Garg Mr. Nonit Hatila For Respondent(s) For Complainant(s) : : Mr. Vivek Choudhary, PP Mr. Nemsingh Gurjar Mr. Shashaank Bhansali HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 25/03/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.518/2024 registered at Police Station Neemrana, District Kotputli-Behror (Raj.) for the offences punishable under Sections 103(1), 191(2), 191(3), 190, 115(2) & 126(2) of BNS. Later on, police filed charge-sheet in this matter. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that petitioner is not named in the FIR. Counsel submits that FIR was lodged on the basis of information given by two eye-witnesses namely Himanshu (injured) and Ravi. Counsel submits that in the statements of Himanshu and Ravi recorded under Section 180 of BNSS (corresponding to Section 161 Cr.PC) petitioner is not [2025:RJ-JP:13432] (2 of 3) [CRLMB-3894/2025] figured. Counsel submits that according to the prosecution version, injury on the nose of the deceased was caused by co- accused Ashish Choudhary by the pechkash (screwdriver). Counsel submits that it is a case of sole injury which is specifically attributed to the co-accused Ashish Choudhary. Counsel submits that petitioner has been charge-sheeted in this matter solely on the basis of some CCTV footage wherein petitioner is passing from Gate No.1 on motorcycle alongwith other co-accused including Ashish Choudhary. Counsel submits that there are no criminal antecedents of the petitioner. Petitioner is in custody since 24.12.2024 and trial of the case will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. They submits that presence of the petitioner is well-established from the CCTV footage at the place of incident and he has also actively participated in commission of crime. 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, especially the fact that sole injury has been attributed to the co-accused Ashish Choudhary; material available on record in the form of charge-sheet; role attributed to the petitioner in the charge-sheet; absence of criminal antecedents of the petitioner; period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow [2025:RJ-JP:13432] (3 of 3) [CRLMB-3894/2025] this bail application. 6. 6. This bail application is accordingly allowed and it is directed that accused-petitioner- Shivam S/o Narendra Singh shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty 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. 7. The observations made herein above are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN ), J LALIT MOHAN /236