[2025:RJ-JP:36283] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10404/2025 Hem Singh S/o Shri Ramesh, Aged About 29 Years, R/o Karai, Police Station Mamchari, District Karauli (Raj.). (The Accused Petitioner Presently Confined In Sub Jail, Gangapur City, District Sawai Madhopur). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta For Respondent(s) : Mr. Tepesh Agarwal, PP Mr. Saurabh Tripathi, for complainant HON'BLE MR. JUSTICE GANESH RAM MEENA Order 09/09/2025 1. This second bail application has been filed under Section 483 of the BNSS, 2023 on behalf of accused-petitioner in connection with FIR No.366/2023 registered at Police Station Gangapur City, District Gangapur City for the offences under Sections 143, 452, 323, 307, 302 & 506 IPC and Section 3/25 of the Arms Act. 2. Learned counsel for the accused-petitioner submits that as per the examination of the complainant-witness-Chetram (PW-3), there is no allegation against the accused petitioner of causing the firearm injury to the deceased. He further submits that the cause of death of the deceased is gun shot injury. Learned counsel also submits that the case of the present accused petitioner is in no manner distinguishable from the case of other co-accused [2025:RJ-JP:36283] (2 of 3) [CRLMB-10404/2025] persons namely: Babusingh @ VP Singh, Dhore @ Bhagwan Singh and Yogesh. 3. Learned Public Prosecutor as well as counsel for the complainant vehemently opposed the bail application and submit that as per the evidence available on record there is involvement of the accused petitioner alongwith the co-accused in commission of the offence. 4. Considered the submissions made by counsel for the accused petitioner and also perused the material available on record including the statements of the complainant witnesses- Chetram (PW-3). 5. On perusal of the statements of the prosecution witnesses, the Court finds that three material witnesses, namely, Manraj, Shiv Singh and Nitesh have been declared hostile as they have not supported the prosecution story. In the statement of complainant- Chetram, there is no allegation against the accused-petitioner of causing any firearm injury, whereas cause of death of the deceased is the gun shot injury. 6. Having regard to the submissions made by counsel for the petitioner and the facts stated above so also the fact that the accused-petitioner is in custody since 21.01.2024 and the case of the accused-petitioner is in no manner distinguishable from that of co-accused persons namely: Babusingh @ VP Singh, Dhore @ Bhagwan Singh and Yogesh have already been enlarged on bail, this Court so as to maintain parity and without expressing any opinion on the merits/demerits of the case, deems just and proper to enlarge the accused-petitioner on bail. [2025:RJ-JP:36283] (3 of 3) [CRLMB-10404/2025] 7. Accordingly, this second 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 Gaurav Srivastava/Satyendra/110