[2025:RJ-JP:19872] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5308/2025 Gajendra Kumar Swami @ Gajju @ Rishabh Sharma S/o Lt. Shri Chunni Lal Swami, Aged About 27 Years, R/o Naruka Mohlla Mandha Bhemsingh, Police Station Renwal, Jaipur. (At Present Confined In Centre Jail Jaipur). ----Accused-Applicant Versus State of Raj. Through PP ----Respondent For Applicant(s) : Mr. Vinod Kumar Sharma, Adv. with Mr. Gaurav Sharma, Adv. For Respondent(s) : Mr. Vivek Sharma, Addl. G.A. HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 12/05/2025 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 08.04.2025 passed by learned Additional District and Sessions Judge No.06, Jaipur Metropolitan Second in connection with FIR No. 1052/2021, registered at Police Station Kardhani, District Jaipur (West) for the offences punishable under Sections 308, 147, 148, 149 & 379 of IPC, 1860, by which the bail application of the accused-applicant under Section 483 of the B.N.S.S, 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this matter. Learned counsel argues that the accused-applicant has not been named in the FIR. Learned counsel also argues that the allegation [2025:RJ-JP:19872] (2 of 3) [CRLMB-5308/2025] of causing injuries to the deceased are specifically attributed to co-accused-Deepak Yadav and Pawan Bagda. Co-accused have already been enlarged on bail. Initially, the charge-sheet was submitted against Pawan Bagada, Deepak Yadav, Hemraj, Dipanshu Kumawat and Rahul Sharma and the investigation against Ramswaroop and present accused-applicant was kept pending under Section 173(8) of Cr.P.C. Now, the charge-sheet against the present accused-applicant has been filed. Learned counsel contends that the accused-applicant was arrested on 29.11.2024 and since then, he is behind the bars. Learned counsel also contends that the allegation against the present accused- applicant is that he was present on the spot at the time of incident, however, no overt act has been attributed to the accused-applicant. Learned counsel further contends that similarly situated co-accused Ramswaroop has been enlarged on bail by Co- Ordinate Bench of this Court vide order dated 01.04.2025 in S.B. Criminal Miscellaneous Bail Application No.14353/2024. Learned counsel prays that the trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor opposes the bail application. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the facts and circumstances of the case; considering the facts that the allegation against the present accused-applicant is that the accused-applicant was present at the time of the incident with other accused-applicant, however, no specific allegation of causing injury to the deceased has been [2025:RJ-JP:19872] (3 of 3) [CRLMB-5308/2025] attributed to the present accused-applicant; that similarly situated co-accused-Ramswaroop has been enlarged on bail by Co- Ordinate Bench of this Court; that the accused-applicant is behind the bars since 29.11.2024. Further, considering the fact that 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. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Gajendra Kumar Swami @ Gajju @ Rishabh Sharma S/o Lt. Shri Chunni Lal Swami, arrested in FIR No. 1052/2021, registered at Police Station Kardhani, District Jaipur (West) shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. 7. The 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 /181