[2025:RJ-JP:18797] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR (1) S.B. Criminal Miscellaneous Bail Application No. 5161/2025 Satyam S/o Shri Mukesh Kumar, R/o Kayasthpada, Dholpur, Police Station Nihalganj, District Dholpur (Presently Confined At District Jail Dholpur) ----Accused/Applicant Versus State of Rajasthan, Through PP ----Respondent Connected With (2) S.B. Criminal Miscellaneous Bail Application No. 5753/2025 Jatin @ Kalu S/o Shri Kamalkishore, Aged About 18 Years, R/o Kayasthpada, Police Station Nihalganj, District Dholpur (Raj.). (At Present Confined District Jail, Dholpur). ----Accused/Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicants : Mr. Anil Jain, Adv. with Mr. Dushyant Jain, Adv. Mr. Aditya Mishra, Adv. For Respondent : Ms. Arti Sharma, Dy.G.A. with Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 05/05/2025 1. As these bail applications have been filed pertaining to the same FIR, they are being heard and decided by the instant common order. 2. These bail applications have been filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 in the matter [2025:RJ-JP:18797] (2 of 3) [CRLMB-5161/2025] arising out of FIR No.105/2025, registered at Police Station Nihalganj, District Dholpur for the offences punishable under Sections 109(1) and 3(5) of B.N.S.,2023 [later on for the offences punishable under Section 352 of B.N.S., 2023 and Section 9/25 of Arms Act, 1959 (hereinafter referred to as the 'Act of 1959')]. 3. Learned counsel for the accused-applicants submit that the accused-applicants have falsely been implicated in this case. Learned counsel for the accused-applicants also submit that the charges levelled against the accused-applicants are for the offences punishable under Sections 109(1), 352 and 3(5) of B.N.S.,2023 and Section 9/25 of the Act of 1959 and these charges are regarding use of firearm on the injured/complainant with an intention to kill him, however, no injury has been caused to the injured/complainant. 4. Learned counsel for the accused-applicants argues that the accused-applicant-Satyam was arrested on 01.04.2025 and the accused-applicant-Jatin was arrested on 02.04.2025 and since then, they are behind the bars. Learned counsel also argues that in these cases, the investigation and trial will take long time to conclude. Learned counsel further argues that the alleged incident is said to have occurred on 20.03.2025, whereas the impugned FIR has been lodged on 29.03.2025 i.e. with a delay of nine days, therefore, both the accused-applicants may be granted benefit of bail. 5. Learned Deputy Government Advocate along with learned Public Prosecutor vehemently opposes these bail applications. [2025:RJ-JP:18797] (3 of 3) [CRLMB-5161/2025] 6. Heard learned counsel for the parties and also perused the material available on record. 7. Having regard to the facts and circumstances of the case, and considering the period of custody of the accused-applicants; the fact that no injury has been found on the body of the injured/complainant and also considering the fact that the investigation and 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 these bail applications filed by the applicants. 8. Consequently, these bail applications filed under Section 483 of the B.N.S.S., 2023 are allowed. It is ordered that accused- applicants namely (1) Satyam S/o Shri Mukesh Kumar & (2) Jatin @ Kalu S/o Shri Kamalkishore, arrested in connection with FIR No.105/2025, registered at Police Station Nihalganj, District Dholpur will be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- each and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the trial Court. Applicants will be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /154-155