[2025:RJ-JP:36651] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11383/2025 Moolchand S/o Banwari Lal, Aged About 31 Years, R/o Village Madhopura, Police Station Balara, District Sikar (Presently In Jail At Sikar). ----Accused-Petitioner Versus State Of Rajasthan, Through Public Prosecutor (PP) ----Respondent For Petitioner(s) : Mr. Vinay Mathur, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP, Mr. Gaurav Gupta, Asstt.G.A. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 10/09/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.110/2024 registered at Police Station Balara, District Sikar for the offence punishable under Section 103(1) of BNS, 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 103(1) and 3(5) 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, on 24.08.2024, report was submitted by complainant himself wherein he has clearly stated that his son had died in the road accident. It is submitted that after two days, complainant changed his story and lodged FIR [2025:RJ-JP:36651] (2 of 3) [CRLMB-11383/2025] wherein it was alleged that he received information from his neighbor that his son was lying unconscious on road. On this information, he went there and he found that petitioner was there and armed with iron pipe and gave threatening to him. Learned counsel contends that but in his initial report, there is no such allegation against the petitioner. Learned counsel further contends that petitioner was implicated in this case on the basis of statement of one witness Banarasi recorded under Section 180 BNSS on dated 01.09.2024 wherein presence of the petitioner was also shown. He argues that other co-accused persons have already been granted benefit of bail by a Co-ordinate Bench of this Court as well as by this Court. It is contended that petitioner has no criminal antecedents and he is in custody since 02.09.2024. Further custody of the petitioner would not serve any fruitful purpose. Charge-sheet has been filed and trial will take time in its conclusion. 3. Learned Public Prosecutor oppose the submissions made by learned counsel for the petitioner. 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 both the parties, as also considering the material available on record in the form of charge-sheet; role attributed to the petitioner in the charge-sheet and the fact that petitioner has no criminal antecedents and he is in custody since 02.09.2024 and trial will take time in its conclusion, but without commenting anything on [2025:RJ-JP:36651] (3 of 3) [CRLMB-11383/2025] 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 - Moolchand S/o Banwari Lal, 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. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/118