[2025:RJ-JP:36188] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 304/2025 Dharmendra Alias Tillu S/o Shri Budhram Singh, Aged About 23 Years, R/o Basai Bhopal Singh, Ps-Neemrana, District Alwar (Rajasthan). (At Present Confined In District Jail Dausa) ----Petitioner Versus State of Rajasthan, through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Rakesh Choudhary For Respondent(s) : Mr. Tapesh Agarwal, Public Prosecutor Mr. Abhimanyu Singh Yaduvanshi with Mr. Alakh Parashar for complainant HON'BLE MR. JUSTICE GANESH RAM MEENA Order 09/09/2025 1. The instant second bail application has been filed under Section 483 of the BNSS, 2023 on behalf of accused-petitioner in connection with FIR No.354/2023 registered at Police Station Neemrana, District Bhiwadi for the offences under Sections 302 & 120-B IPC and Sections 3/25 & 3/27 of the Arms Act. 2. First bail application of the accused-petitioner bearing S.B. Criminal Misc. Bail Application No.12799/2023 was dismissed vide order dated 08.07.2024. 3. Heard. Considered the submissions made by counsel for the accused-petitioner and also perused the material available on record. 4. The allegation against the accused-petitioner is that he has provided motorcycle to the co-accused which was used in commission of offence and lateron the said motorcycle is said to have been recovered at the instance of the accused-petitioner. [2025:RJ-JP:36188] (2 of 2) [CRLMB-304/2025] 5. The witnesses of recovery memo of the motorcycle, namely, Krishna Kumar-PW-3 and Ajay Singh-PW-5 have been examined before the learned trial Court. 6. As per version of the aforesaid witnesses, the motorcycle is said to have been recovered from an open public place. At this stage it cannot be said that the motorcycle has been recovered from a place which is an exclusively possession of the accused- petitioner. The accused-petitioner is in custody since 13.06.2023. 7. Taking into consideration totality of the facts and circumstances of the case and more particularly the fact that the allegation against the accused-petitioner is of providing a motorcycle to the co-accused which was being used in commission of offence and the accused-petitioner is in custody for more than a period of two years, this Court without expressing any opinion on the merits/demerits of the case, deems just and proper to enlarge the accused-petitioner on bail. 8. Accordingly, this 2nd bail application under Section 483 of the BNSS is allowed and it is ordered that the accused-petitioner named above in connection with the aforesaid FIR shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties of Rs.50,000/- 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. (GANESH RAM MEENA),J Ashish Kumar /2