[2025:RJ-JP:15167] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11631/2024 Amit Yadav S/o Ghanshyam Yadav, R/o Harjeeka Ki Dhani Bansur, Police Station Bansur, District Alwar. (At Present Confined In Sub Jail Behror). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Sumer Singh Ola For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP Mr. Amit Kumar Gupta, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/01/2025 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.219/2023 registered at Police Station Bansur, District Alwar (Raj.) for the offences punishable under Section 307 of IPC and Sections 3/25 & 5/27 of Arms Act. Later on, police filed charge-sheet in this matter for the offences punishable under Section 302 of IPC and Sections 9/25 & 5/27 of Arms Act. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that there is no evidence available on record against the petitioner. Counsel submits that one of the eye-witness namely Hanuman Prasad has been examined during the course of trial and he has not supported the prosecution case and he has [2025:RJ-JP:15167] (2 of 2) [CRLMB-11631/2024] been declared hostile. Petitioner is in custody since 11.04.2023 and trial will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the bail application. He submits that there is specific allegation against the petitioner to cause firearm injury to the deceased and according to the post- mortem report, cause of death is firearm injury. He submits that petitioner was caught at the spot by the public and recovery of weapon has also been made from the petitioner. 4. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor, as also the material available on record in the form of charge-sheet including testimony of the witnesses recorded during the course of trial; role attributed to the petitioner; gravity of the offence, I do not find it a fit case to allow this bail application. 5. Accordingly, this bail application stands dismissed. (ANIL KUMAR UPMAN),J LALIT MOHAN /88