[2025:RJ-JP:31278] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5756/2025 Namonarayan S/o Gordhan, R/o Raithakalan, Police Station Kundera, Distt. Sawai Madhopur (At Present Confined In District Jail Tonk (Raj.). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Naresh Kumar Singhal For Respondent(s) : Mr. Gaurav Gupta, PP Mr. Tarun Jain Mr. Nitin Kumar Sharma HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 12/08/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 39/2025 registered at Police Station Kundera, District Sawaimadhopur for the offences under Sections 189(2), 115(2), 126(2), 118(1) and 109(1) of BNS. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is argued that the name of the petitioner did not appear in the FIR and the specific act in the FIR has been shown against the other co-accused. It is contended that the police after thorough investigation concluded that the petitioner facilitated weapons to the other co-accused. The injured Sonu in his statement rendered [2025:RJ-JP:31278] (2 of 3) [CRLMB-5756/2025] under Section 180 of BNSS, recorded on 18.01.2025, has introduced petitioner's name in assaulting him alongwith the other co-accused, however in his statement he also stated that the injuries sustained to him were caused by other co-accused namely Mukesh, Rajmal, Aakash and Mangal. Injured in his statement not attributed any injury caused to him on the present petitioner. It is also contended that the sole eye-witness to the incident Premraj in his statement recorded under Section 180 of the BNSS has not shown the presence of the present petitioner at the place of occurrence and attributed injuries sustained to injured Sonu to other co-accused namely Akash, Akhlesh and Muklesh. The accused-petitioner is in custody since 15.02.2025 and the trial of the case may take considerable time. There are no criminal antecedents against the accused-petitioner and no recovery of any weapon was effected from the petitioner's possession. The age of the petitioner is 18 years and 7 months, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor and learned counsel for the complainant have vehemently opposed the bail application and contended that the injured Sonu has sustained grievous injuries and his leg and hand were amputed, in his statement recorded under Section 180 of the BNSS, he specifically stated that the petitioner alongwith the other co-accused namely Mukesh, Rajmal, Aakash and Mangal assaulted him and caused injuries with the aid of gandasa. It is also contended that the petitioner is the main culprit as he facilitated gandasa to the other co-accused, therefore considering the nature of injuries sustained to injured and his [2025:RJ-JP:31278] (3 of 3) [CRLMB-5756/2025] statement rendered during investigation, the bail application of the petitioner be dismissed. 4. Heard and perused the material available on record. 5. The specific attribution of causing injuries with the aid of gandasa in the statement of injured Sonu is against Mukesh, Aakash, Rajmal and Mangal. The sole eye-witness to the incident Premraj in his statement rendered under Sections 180 of the BNSS has named the other co-accused in causing the injuries to injured Sonu and not to the present petitioner, therefore considering the above facts so also the fact that there are no criminal antecedents against the petitioners. The accused- petitioner is in custody since long and the trial of the case may take considerable time. The charge-sheet against the accused- petitioner has already been submitted before the concerned court. The age of the petitioner is 18 years 7 months, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Namonarayan S/o Gordhan, in connection with FIR No. 39/2025 registered at Police Station Kundera, District Sawaimadhopur shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /55