[2025:RJ-JP:23427] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2879/2025 Chandu Saharvan S/o Kannu Saharvan, R/o H.no. 372, Hariom Nagar, Veer Savarkar Nagar, P.S Mahaveer Nagar, Kota City. Raj. (At Present In Jail At Kota). ----Applicant Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 6648/2025 Vishal Kumar S/o Bablu Kumar, Aged About 26 Years, R/o House No. 2-Cha-12, Hariom Nagar, Rangbadi Kota. (At Present Confined In District Jail Kota). ----Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Sajid Ali, Adv. Mr. Devanshu Sharma, Adv. with Ms. Vishalakshi Pareek For Respondent(s) : Mr. Amit Kumar Gupta, Add.GA with Mr. Manvendra Chaudhary, Dy.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR (V. J.) Order 23/06/2025 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 10.02.2025 passed by learned Sessions Judge, Kota [2025:RJ-JP:23427] (2 of 3) [CRLMB-2879/2025] (Raj.) & 01.05.2025 passed by learned Additional Sessions Judge No.1, Kota (Raj.) in connection with FIR No.597/2023, registered at Police Station Mahaveer Nagar, District Kota for the offences punishable under Sections 147, 148, 149, 323, 307 & 302 of IPC, 1860, 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 this case. Learned counsel also submits that the complainant who is the real brother of the deceased has been examined during the course of the trial and as per the statement of PW-1-Shakti, brother of the deceased, the fatal injury was caused by the co-accused Vishnu by using a knife. Learned counsel further submits that the co-accused Vishnu and Pappu have been enlarged on bail by Co-Ordinate Bench of this Court vide orders dated 13.02.2025 and 28.11.2024 passed in S.B. Criminal Miscellaneous Bail Application No.15924/2024 & 4905/2024 respectively. Learned counsel contends that there is no allegation of causing any injury on the accused-Chandu, whereas, allegation against the accused-Vishal is that he was also present at the place of occurrence. Learned counsel also contends that the accused-applicants were arrested on 29.01.2025 and since then, they are behind the bars. Learned counsel further contends that the charge-sheet has been filed and trial will take time to conclude, 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. [2025:RJ-JP:23427] (3 of 3) [CRLMB-2879/2025] 5. Heard learned counsel for both the parties and also perused the material available on record. 6. Having regard to the overall facts and circumstances of the case and considering the fact that as per the statement recorded during trial of the complainant-Shakti, who is the brother of the deceased, has stated that Pappu and Vishal forcefully held the deceased while Vishnu caused the fatal injury to his brother Ajay by the knife, who then died, therefore the fatal injury to the deceased was caused by Vishnu, who has already been enlarged on bail by Co-Ordinate Bench of 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. 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) Chandu Saharvan S/o Kannu Saharvan & (2) Vishal Kumar S/o Bablu Kumar arrested in FIR No. 597/2023, registered at Police Station Mahaveer Nagar, District Kota shall be released on bail; provided each of them furnishes personal bond in the sum of Rs.50,000/- each and two solvent sureties of Rs.25,000/- 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 (V. J.)),J Mohita /20-21