[2025:RJ-JP:4136] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11327/2024 1. Gopal Singh Rathore S/o Bhopal Singh Rathore, Aged About 63 Years, R/o Piproli, Police Station Sarana, District Kekri. 2. Naval Singh Rathore S/o Khuman Singh Rathore, Aged About 49 Years, R/o Lakharon Ki Gali Tantoti, Police Station Sarana, District Kekri. (Applicants Are Confined At District Jail, Ajmer). ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jaivardhan Singh Shekhawat, Adv. For Respondent(s) : Mr. M.S. Shekhawat, PP and Mr. Babu Lal Bagariya, Adv., with Ms. Pista Devi Dargi, Adv., for complainant. HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 29/01/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.85/2024 registered at Police Station Sarana, District Kekri for the offences punishable under Sections 109(1), 115(2), 126(2), 329(3), 189(2) of BNS, 2023 and Sections 3/25, 5/25 of Arms Act. Later on, Police has filed charge- sheet in this matter. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that allegation of using firearm is against co-accused person. He further submits that the petitioner-Gopal Singh Rathore is aged about 64 years and suffering from various [2025:RJ-JP:4136] (2 of 3) [CRLMB-11327/2024] ailments. He argues that dispute has been resolved amicably between the parties. He further argues that charge-sheet has already been filed and trial of the case will take considerable time. He contends that the petitioners are in custody since 11.08.2024 further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for petitioners. Learned Public Prosecutor submits that the petitioners are habitual offender and number of criminal cases have been registered against them. 4. Learned counsel for the complainant does not oppose the instant bail application. He admits the factum of compromise. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners as also looking to the fact that allegation of using firearm is against co-accused person; complainant side has not opposed the instant bail application; charge-sheet has been filed and trial will take time in its conclusion as also looking to the old age of the petitioner-Gopal Singh Rathore, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioners – 1. Gopal Singh Rathore S/o Bhopal Singh Rathore and 2. Naval Singh Rathore S/o Khuman Singh Rathore shall be released on bail provided each of them [2025:RJ-JP:4136] (3 of 3) [CRLMB-11327/2024] 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 each of them 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. 8. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall mark their presence in first week of ever month in the concerned police station, till trial is concluded. 9. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their 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. 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 them by this Court. 11. The observation made hereinabove 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/S-291