[2025:RJ-JP:37751] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9624/2025 Ajay S/o Shri Babulal, R/o SSF Chouraha Prem Nagar First, P.S. Udhyog Nagar, Kota (Raj.). (Accused At Present Confined In Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Samarth Sharma For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP with Mr. Gaurav Gupta, Asst. G.A. Mr. Prakash Jha HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 16/09/2025 1. This bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.173/2025 registered at Police Station Anantpura, District Kota City for offences punishable under Sections 115(2), 126(2), 109(1), 333, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter for offences punishable under Sections 115(2), 126(2), 333, 189(2), 191(2) and 117(2) of BNS, 2023. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that initially, FIR was registered for offences punishable under Sections 115(2) of BNS (Corresponding [2025:RJ-JP:37751] (2 of 4) [CRLMB-9624/2025] to Section 323 of IPC), 126(2) of BNS (Corresponding to Section 341 of IPC), 333 of BNS (Corresponding to Section 452 of IPC), 109(1) of BNS (Corresponding to Section 307 of IPC), 303(2) of BNS (Corresponding to Section 379 of IPC) and 3(5) of BNS (Corresponding to Section 34 of IPC). Now, police has filed charge-sheet for offences punishable under Sections 115(2), 126(2), 333, 191(2) of BNS (Corresponding to Section 147 of IPC), 189(2) of BNS (Corresponding to Section 142 of IPC) and 117(2) of BNS (Corresponding to Section 325 of IPC). It is submitted that offence under Section 109(1) of BNS has not been found proved against the petitioner by the Investigating Agency and now, after filing of charge-sheet, only non-bailable offence is 452 IPC. Learned counsel contends that there are two criminal antecedents against the petitioner wherein he is on bail. It is contended that trial will take considerable time in its conclusion. Learned counsel argues that petitioner is in custody since 16.07.2025 and further custody of the petitioner would not serve any fruitful purpose. 3. Per contra, learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by learned counsel for the petitioner. Learned counsel for the complainant submits that besides two criminal antecedents against the petitioner, there is serious allegation against him that he caused 11 injuries on the person of the victim. 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 [2025:RJ-JP:37751] (3 of 4) [CRLMB-9624/2025] counsel for the parties, as also considering the fact that now, after filing of charge-sheet, only non-bailable offence is 452 IPC, 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 - Ajay S/o Shri Babulal shall be released on bail provided he furnishes 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 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. 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 in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. [2025:RJ-JP:37751] (4 of 4) [CRLMB-9624/2025] 10. If any breach of these conditions 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 him by this Court. 11. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /116