[2025:RJ-JP:30584] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7355/2025 1. Deepak Rawat S/o Shri Sohan Singh Rawat, R/o Near Post Office, Adarsh Nagar Ajmer, Ajmer, Rajasthan. (Accused Is Presently In Central Jail Ajmer). 2. Bhupender Singh S/o Shri Gyan Singh, R/o Sagar, Beawar, Rajasthan. (Accused Is Presently In Central Jail Ajmer). ----Petitioners Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ram Singh Gurjar For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/08/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No.51/2025 registered at Police Station Haribhau Upadhyay Nagar, District Ajmer for the offence(s) under Section 111(2)(b) of BNS and Section 3/25 of Arms Act. 2. Learned counsel for the accused-petitioners submits that the accused-petitioners have falsely been implicated in this case. He further submits that the recovery of fire arm was made from the vehicle belonging to the petitioner Deepak Rawat. The charge- sheet against the petitioner Deepak Rawat has already been submitted. The accused-petitioner is in custody since 06.05.2025. [2025:RJ-JP:30584] (2 of 4) [CRLMB-7355/2025] and apart from one case, there are no other criminal cases registered against the petitioner. It is also contended that against the petitioner Bhupendra Singh, charge-sheet has been submitted only under Section 111(2)(b) of BNS as no case is made out against the petitioner Bhupendra Singh. There are no allegations that the petitioners were involved in continuous unlawful activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract killing, economic offence, cyber-crimes, trafficking of persons, drugs, weapons or illicit goods or services, human trafficking. The singular act in which illegal recovery of weapon was effected from the other co-accused Deepak Yadav, it cannot be said that the petitioners are involved in continuing unlawful activities and committed organised crime. The police has not collected any evidence to the fact that all the accused were members of the syndicate and were involved continuing unlawful activities. The trial of the case may take considerable time, therefore, the bail application of the accused-petitioners may be allowed. 3. Learned Public Prosecutor vehemently opposes the bail application and contended that against the petitioner Bhupendra Singh, 8 criminal cases under various sections of IPC and BNS including NDPS Act are pending before the Trial Court. The accused-petitioners were found together having in possession illegal arms. It is also contended that the petitioner Deepak Yadav was also involved in 1 criminal case registered under Section 8/18 read with Section 25 and 29 of NDPS Act, therefore, considering [2025:RJ-JP:30584] (3 of 4) [CRLMB-7355/2025] the criminal antecedents of the petitioners, the bail application of the accused-petitioners may be dismissed. 4. Heard and perused the material available on record. 5. It is not desirable to express anything on the merits of the case. The recovery of illegal weapon was effected from petitioner Deepak Yadav who has been charge-sheeted under Section 3/25(6) of Arms Act and the other co-accused Bhupendra Singh has been charge-sheeted only under Section 111(b) of BNS. Considering the period of incarceration of both the petitioners, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioners namely: 1. Deepak Rawat S/o Shri Sohan Singh Rawat and 2. Bhupender Singh S/o Shri Gyan Singh, in connection with FIR No.51/2025 registered at Police Station Haribhau Upadhyay Nagar, District Ajmer, shall be enlarged on bail provided they furnish 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 their appearance before the court concerned on all the dates of hearing and as and when called upon to do so. 7. The accused-petitioners are also directed to mark their presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station is directed to maintain a regular register marking the presence of the accused-petitioners and shall send the presence report of the accused-petitioners on the same day to the concerned Trial Court [2025:RJ-JP:30584] (4 of 4) [CRLMB-7355/2025] without any delay. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioners for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Keshav/134