[2025:RJ-JP:20631] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR 1. S.B. Criminal Misc. Bail Application No. 6548/2025 1. Shivraj Singh S/o Shri Devi Singh, Aged About 54 Years, R/o Village Udaipur Khurd, Tehsil Kishangarh, P.S. Kishangarh City, District Ajmer. (At Presently Confined In Central Jail Ajmer). 2. Laxman S/o Shri Ramlal, Aged About 24 Years, R/o Jatali, P.S. Gegal, District Ajmer. (At Presently Confined In Central Jail Ajmer). ----Accused-Applicants Versus State of Rajasthan, Through PP ----Respondent Connected With 2. S.B. Criminal Misc. Bail Application No. 5721/2025 Mohit Tamboli Urf Kalla S/o Vinod Tamboli, Aged About 22 Years, R/o Harijan Basti Devdungari, Kishangarh P.S. Madanganj, District Ajmer, Rajasthan. Presently Confined At Central Jail, Ajmer. ----Accused-Applicant Versus State of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Devanshu Sharma, Adv. with Ms. Vishalakshi Pareek, Adv. Mr. Ajatshatru Mina, Adv. with Mr. Chandragupt Chopra, Adv., Ms. Apeksha Tiwari, Adv., Mr. Swadheen Singh, Adv. & Mr. Manav Sharma, Adv. For Respondent(s) : Ms. Arti Sharma, Dy.GA Mr. Vivek Sharma, Add.GA [2025:RJ-JP:20631] (2 of 4) [CRLMB-6548/2025] HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 15/05/2025 1. As both these bail applications have been filed against the order of dismissal of bail applications of the present accused- applicants 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 against the orders dated 06.05.2025 & 22.04.2025 passed by learned Additional Sessions Judge No.5, Ajmer (Raj.) in connection with FIR No.34/2025, registered at Police Station Gegal, Ajmer for the offences punishable under Sections 109(1) and 3(5) of B.N.S., 2023 and Section 27 of the Arms Act, 1959 (Amendment 2019), by which the bail applications of the accused-applicants under Section 483 of B.N.S.S have been dismissed. 3. Learned counsel for the accused-applicants submit that the accused-applicants have falsely been implicated in these cases. Learned counsel also submit that gun-shot injury has been found to be inflicted on the leg of the injured-Tejpal for which, offence under Section 109(1) of BNS has also been registered against the accused-applicants, however, as per the statement under Section 180 of B.N.S., 2023, the injured-Tejpal has specifically stated that due to darkness in the night, he could not see clearly, therefore, there is no direct evidence that any of the accused-applicants have inflicted the injury suffered by the injured-Tejpal. Learned counsel for the accused-applicants further submits that the [2025:RJ-JP:20631] (3 of 4) [CRLMB-6548/2025] accused-applicants-Shivraj Singh and Laxman were arrested on 28.04.2025 and the accused-applicant-Mohit was arrested on 22.02.2025 and since then, they are behind the bars. Learned counsel contends that similarly situated persons Ramswaroop and Dhanraj have already been enlarged on bail by this Court vide order dated 09.04.2025 (S.B. Criminal Miscellaneous Bail Application No. 3881/2025 and connected matter). Learned counsel prays that the case of the present accused-applicants are not distinguishable from that of Ramswaroop and Dhanraj, therefore, the accused-applicants be enlarged on bail. 4. On the other hand, learned Public Prosecutor vehemently opposes these bail applications filed on behalf of the accused- applicants. 5. Heard learned counsel for the accused-applicants and learned Public Prosecutor and also perused the material available on record. 6. Having regard to the overall facts and circumstances of the case and considering the facts that the charge levelled against the accused-applicants inter-alia is for the offence punishable under Section 109(1) of B.N.S.; that there is no specific allegation of causing injury to the injured on any of the accused-applicants; that similarly situated co-accused-Ramswaroop and Dhanraj have already been enlarged on bail by this Court, 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 accused-applicants. [2025:RJ-JP:20631] (4 of 4) [CRLMB-6548/2025] 7. Consequently, these bail applications filed by the accused- applicants under Section 483 of the B.N.S.S, 2023 are allowed. It is ordered that accused-applicants namely; (1) Shivraj Singh S/o Shri Devi Singh (2) Laxman S/o Shri Ramlal & (3) Mohit Tamboli Urf Kalla S/o Vinod Tamboli arrested in FIR No.34/2025, registered at Police Station Gegal, District Ajmer shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.1,00,000/- each and two solvent sureties of Rs.50,000/- each to the satisfaction of the trial Court. 8. The Accused-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 Mohita /327 & 192