[2025:RJ-JP:14625] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 4386/2025 Sarjeet Alias Shibbu S/o Mukesh Kumar, R/o Ward No. 30 Moti Nagar, Bandikui, Dist. Dausa. (Accused Petitioner Presently In Dausa Jail). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anirudh Tyagi For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 01/04/2025 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.303/2024 registered at Police Station Baswa, District Dausa for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. Later on, police filed charge-sheet for the offences punishable under Sections 103(1), 238(a), 140(1) & 61(2)(a) of BNS, 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that entire prosecution case is based on circumstantial evidence. It appears from the charge-sheet that petitioner has been made accused in this case on the basis of last seen evidence of two persons namely- Rajulal and Mahesh as it appears from their statement that deceased was lastly seen in the [2025:RJ-JP:14625] (2 of 3) [CRLMB-4386/2025] company of co-accused namely- Rohitash and one other person who is unknown to them but no test identification parade has been conducted by the Investigating Officer after making arrest of the petitioner. Counsel further submits that mere fact that the mobile location of the petitioner as well as co-accused was at the same place, would not be enough to connect the petitioner with the alleged crime. It is contended that there are no criminal antecedents against the petitioner and trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 23.12.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor oppose the submissions made by learned counsel for the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced at bar, material made available before me in the form of charge-sheet including statement of last seen witnesses, so also considering the role attributed to the petitioner and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner - Sarjeet Alias Shibbu S/o Mukesh Kumar, 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 [2025:RJ-JP:14625] (3 of 3) [CRLMB-4386/2025] 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. 7. The observation made herein above is 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 CHARU SONI /267