[2025:RJ-JP:29772] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7943/2025 Gulshan S/o Indra Singh, Aged About 26 Years, R/o Khanpur, Po- lice Station Singhana District Jhunjhunu (Raj.) (Accused Peti- tioner Is In Judicial Custody In District Jail Khetri) ----Petitioner Versus State Of Rajasthan, Through The PP ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 04/08/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.238/2024 registered at Police Station Singhana, District Jhunjhunu for the offences punishable under Sections 103(1) and 238(b) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 103(1), 311, 238(a) and 3(5) of BNS, 2023. 2. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. It is submitted that entire prosecution case is based on circumstantial evidence and no incriminating evidence is appearing against the petitioner. It is submitted that petitioner has been made accused in this case solely on the basis of interrogation of co-accused person namely- [2025:RJ-JP:29772] (2 of 3) [CRLMB-7943/2025] Deepak @ Tiliya who is said to be main accused of this case. Counsel submits that to implicate the petitioner, mobile phone belonging to the deceased has been shown to be recovered at the instance of the petitioner as well as co-accused Deepak @ Tiliya. Counsel submits that co-accused namely- Anil Kumar @ Mintu and Yogesh Tailor have already been granted benefit of bail by the co- ordinate bench of this court vide order dated 28.05.2025. Counsel submits that there is bleak chance of culmination of trial in near future. Counsel submits that petitioner is in custody since 31.07.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially considering the material available on record in the form of charge-sheet, as also considering the fact that similarly situated co-accused persons have already been granted benefit of bail by co-ordinate bench of this court and trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner – Gulshan S/o Indra Singh shall be released on bail provided, he furnishes a personal bond in the sum [2025:RJ-JP:29772] (3 of 3) [CRLMB-7943/2025] of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. The observations made hereinabove are only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /222