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[2025:RJ-JP:35709] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11310/2025 Ajay S/o Ramesh, R/o Ward No. 15, Aguni Dhani, Deeppura, Police Station Gudhagaurji, District Jhunjhunu (Raj.) (At Present Confined In District Jail, Jhunjhunu (Raj.) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Pramod Kumar Saini For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN
Order 04/09/2025
1. Instant application for bail is filed under Section 483 of BNSS by the applicant-accused Ajay S/o Ramesh in FIR No. 136/2025 dated 15.07.2025 registered at P.S. Khetri District -Jhunjhunu, whereby the applicant-accused was charged under Sections 109(1) of BNS and Sections 3/25 and 5/27 Arms Act.
2. The applicant was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application.
3.
Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He further
[2025:RJ-JP:35709] (2 of 3) [CRLMB-11310/2025] assures that in case, the applicant-accused is required the applicant-accused will be available. He also submits that the trial will take its own time and no purpose will be served by keeping the applicant-accused in custody.
4.
Learned counsel for petitioner submitted that the only allegation upon present petitioner is of firing through a fire arm and none sustained any injury but fire arm is not recovered from possession of present petitioner rather the fire arm was with complainant Badri Prasad, who submitted at the time of registration of FIR. He further submitted that present petitioner was in fact beaten by complainant party and he sustained injuries. He also submitted that there is no criminal antecedent against the petitioner. 5. Aforesaid contentions were opposed by learned Public Prosecutor. He submitted report received from concerned police station and same is taken on record. 6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record. 7. On the basis of complaint dated 15.07.2025 lodged by complainant Badri Prasad about firing by Ajay (preset petitioner) from a country made pistol and after snatching fire arm by complainant, a report is registered and petitioner was arrested. There is no criminal antecedent against the petitioner. 8. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore,
[2025:RJ-JP:35709] (3 of 3) [CRLMB-11310/2025] looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused. 9. Thus, the instant bail application filed on behalf of applicant- accused Ajay S/o Ramesh, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with
evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 10.
The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /210