[2025:RJ-JP:28520] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous III Bail Application No. 9561/2025 Guman Singh S/o Raghu Singh, Aged About 58 Years, R/o Thikriya, Police Station Pagariya, District Jhalawar (Rajasthan). (Presently Confined In District Jail Jhalawar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ajay Singh Yaduvanshi, Mr. Ayush Bamboriya For Respondent(s) : Mr. Manvendra Singh, PP, Mr. Vishal Gurjar, Mr. Pallav Jhalani, Mr. Rahul Sharma HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 29/07/2025 1. The instant third bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.29/2024 registered at Police Station Pagaria, District Jhalawar for the offence(s) under Sections 302, 307 and 34 of IPC and Section 3/25 of Arms Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the first bail application of the accused- petitioner was dismissed by this Court vide order dated 12.02.2025, considering the statement of eye witness PW-1 Prahlad Singh. Thereafter, the material eye witnesses PW-6 Vinod Singh, PW-7 Shyam Singh and witness of arrest memo PW-8 Ravinda Kumar have been examined. It is also contended that the fire arm recovered from the petitioner was found with 6 cartridges. The accused-petitioner did not cause any injury to the deceased using the said fire arm. The postmortem report of [2025:RJ-JP:28520] (2 of 3) [CRLMB-9561/2025] deceased Bhagwan Singh shows multiple punctured wound and posterior aspect of the right fire arm and anterior lateral and posterior aspect of upper right chest and two pellets were recovered from the body of the deceased. The pellets were not fired from the petitioner's revolver and the FSL report also shows that the pellets were fired from the other gun recovered from other co-accused Nain Singh. Though, the presence of the petitioner has been allegedly shown in the CCTV footage, but the petitioner has not caused any fire arm injury. The police did not conduct any forensic test regarding using the fire arm recovered from the petitioner's possession. The allegation that the petitioner also fired is not substantiated by any cogent evidence rather, got disproved by the FSL report. The witness list contains 45 witnesses and out of which only 8 witnesses have been examined till now. The petitioner is in custody since 10.03.2024 and further trial of the case may take considerable time, therefore, the third bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the third bail application and contended that the first bail application of the accused- petitioner was dismissed by this Court vide order dated 12.02.2025, considering the statement of material eye witnesses PW-1 Prahlad Singh. The other witnesses examined afterwards i.e. PW-6 Vinod Singh, and PW-7 Shyam Singh, in their Court statement have also deposed the petitioner's presence along with the other co-accused Nain Singh at the place of occurrence. The petitioner presence along with other co-accused Nain Singh was [2025:RJ-JP:28520] (3 of 3) [CRLMB-9561/2025] also found and captured in the CCTV footage collected by the Investigating Officer, therefore, considering the above aspects, the third bail application of the accused-petitioner deserves dismissal. 4. Heard and perused the material available on record. 5. It is not desirable to express anything on the merits of the case. Admittedly, no FSL was conducted of the petitioner's revolver. The FSL report submitted before the Court shows that One 12-bore DBBL gun was sent to FSL and the pallets recovered from the deceased's body matched with the pellets fired from the one 12-bore DBBL gun which was not recovered from the petitioner's possession rather from the possession of other co- accused. The postmortem report also shows that only 2 pellets were recovered from the deceased body, no cartridges etc. were recovered. Therefore, considering the above facts, this Court deems it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the third bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Guman Singh S/o Raghu Singh, in connection with FIR No.29/2024 registered at Police Station Pagaria, District Jhalawar shall be enlarged on bail provided he furnishes 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 his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J Keshav/3