HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15954/2024 Hitesh Choudhary S/o Jitendra, R/o Mataur, Police Station Khairthal, District Khairthal-Tijara, Rajasthan. (Presently Confined At Sub Jail Kishangarh Bas). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Deshraj Sain Mr. Lokesh Sharma Mr. Vishnu Kumar Sharma For Respondent(s) : Mr. Rishi Raj Singh Rathore, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 27/01/2025 1. Petitioner has filed this bail application under Section 483 of BNSS. 2. F.I.R. No. 433/2024 was registered against the petitioner at Police Station Khairthal, District Khairthal-Tijara for the offences punishable under Sections 109(1), 308(2), 352, 3(5) of BNS and Section 5/27 of Arms Act. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel further submits that allegation of using firearm is against co-accused. Counsel submits that petitioner is a student and his examinations are going to be commenced from 30.01.2025. It is contended that there are no criminal antecedents of the petitioner. (2 of 3) [CRLMB-15954/2024] Petitioner is in custody since 02.11.2024 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He submits that at the time of alleged incident petitioner was present at the place of incident and his presence is well-established from the CCTV footage. 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 parties, especially the fact that it is a case of no injury; allegation of using firearm is against the co-accused; absence of criminal antecedents; the petitioner is in custody since 02.11.2024 and trial will take time in its conclusion but without commenting anything on merits and demerits of the case, I deem it proper to allow the bail application. 7. 7. This bail application is accordingly allowed and it is directed that accused-petitioner- Hitesh Choudhary S/o Jitendra 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. 8. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall (3 of 3) [CRLMB-15954/2024] mark his presence in first week of every month, till trial is concluded. 9. If breach of this condition 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 the petitioner by this Court. 10. 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 ANAND TANWAR /355