HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 223/2025 Hariom Sharma S/o Bhagwansingh, Aged About 27 Years, R/o Ram Iklaira, Police Station Deeg, District Deeg. (At Present Accused Petitioner Confined In Sub Jail Deeg) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rahul Sinsinwar For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Nauhabt Singh, ASI PS Kotwali Deeg, present in person HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 22/01/2025 1. The instant second bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.306/2024 registered at Police Station Deeg, District Deeg for the offence punishable under Section 191(2), 115(2), 126(2), 109(1) & 333 of BNS. Charge- sheet has been filed for offences under Sections 191(2), 115(2), 126(2), 109(1) & 333 of BNS. 2. First bail application of the petitioner was dismissed as withdrawn with liberty to renew the prayer of bail application after filing result of investigation. Now, charge-sheet has been filed. Thus, this second bail application has been preferred. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. (2 of 3) [CRLMB-223/2025] Counsel submits that allegation of causing firearm injury is against the co-accused person. The injury is on the non-vital part of the body. It is submitted that petitioner is in custody since 03.10.2024. Charge-sheet has been filed, trial will take time in its conclusion and further custody of the petitioner would not serve any fruitful purpose. Counsel submits that all the information was received by the investigation under Section 23(2) of BNS (under Section 27 of Evidence Act) but no recovery was made in pursuance of the information. 4. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, as also the fact that allegation of causing firearm injury is against the co-accused person; petitioner is in custody since 03.10.2024; charge-sheet has been filed and trial will take time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 7. This second bail application is accordingly allowed and it is directed that accused-petitioner Hariom Sharma S/o Bhagwansingh, shall be released on bail provided hefurnishes a personal bond in the sum 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 (3 of 3) [CRLMB-223/2025] 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. 8. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month, till trial is concluded. 9. If breach of this condition is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to the petitioner by this Court. 10. The observation made hereinabove is only for decision of these instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J ANAND TANWAR /83