[2025:RJ-JP:17218] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 135/2025 Mahipal @ M.P. Singh S/o Dariyav, Aged About 44 Years, R/o Sikorora, Police Station Kumher, District Deeg, Bharatpur (Rajasthan) (Presently Confined In District Jail Bhiwadi). ----Accused-Applicant Versus State of Rajasthan, Through Public Prosecutor. ----Respondent For Applicant : Mr. K.N. Sharma, Adv. with Mr. Namesingh Gurjar, Adv. For Respondent : Mr. Vivek Sharma, Addl.G.A. Mr. Girish Khandelwal, Adv. (for the complainant) HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 23/04/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 12.12.2024 passed by learned Additional Sessions Judge, Bhiwadi, District Alwar in Bail Application No.433/2024 arising out of FIR No.523/2024, registered at Police Station Bhiwadi, District Bhiwadi for the offences punishable under Sections 111(2)(a), 310(2), 311 of B.N.S., 2023 and Sections 3/25 and 3/27 of the Arms Act (later on for the offences punishable under Sections, 49, 55, 254, 3(5) and 109(1) of B.N.S., 2023) by which the bail application of the accused- applicant under Section 483 of B.N.S.S.,2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this case. [2025:RJ-JP:17218] (2 of 3) [CRLMB-135/2025] Learned counsel also submits that the charge levelled against the accused-applicant is for the offence punishable under Section 254 read with 3(5) of B.N.S., 2023 for harbouring the accused- persons, who committed dacoity in the impugned FIR. Learned counsel further submits that the charge of committing dacoity has been levelled against the accused-persons namely Preet @ Golu, Anil Kumar, Ajay, Sahil @ Pintu and Rahul Rathi @ Tinku, however, no allegation of committing dacoity has been levelled against the present accused-applicant. 3. Learned counsel for the accused-applicant argues that the maximum sentence prescribed for the offence punishable under Section 254 of B.N.S., 2023 is seven years. Learned counsel further argues that charge-sheet has been filed and as per the charge-sheet, the charge levelled against the present accused- applicant is only for the offence punishable under Section 254 read with 3(5) of B.N.S., 2023. 4. Learned counsel for the accused-applicant contends that no other criminal case is registered against the accused-applicant. Learned counsel also contends that the accused-applicant is behind the bars since 17.09.2024 and trial will take long time to conclude, therefore, the accused-applicant be granted benefit of bail. 5. Learned Deputy Government Advocate vehemently opposes this bail application. 6. Heard learned counsel for the parties and also perused the material available on record. [2025:RJ-JP:17218] (3 of 3) [CRLMB-135/2025] 7. Admittedly, this is a case where the allegation attributed to the accused-persons namely Preet @ Golu, Anil Kumar, Ajay, Sahil @ Pintu and Rahul Rathi @ Tinku is of committing dacoity in Kamlesh Jewellers situated at 1/41, RHB Bhiwadi and the charge levelled against the present accused-applicant is only that he has assisted the accused persons by harbouring them in his restaurant. The charge levelled against the present accused- applicant is only under Section 254 read with 3(5) of B.N.S., 2023, for which maximum sentence prescribed as per the provisions is seven years' rigorous imprisonment with a fine. 8. Having regard to the facts and circumstances of the case, and considering the fact that the applicant is in judicial custody since 17.09.2024 and also considering the fact that the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the applicant. 9. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Mahipal @ M.P. Singh S/o Dariyav, arrested in connection with FIR No.523/2024, registered at Police Station Bhiwadi, District Bhiwadi shall be released on bail; provided he furnishes personal bond in the sum of Rs.50,000/- and two solvent attested sureties of Rs.25,000/- to the satisfaction of the trial Court. Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J AARZOO ARORA /40