[2025:RJ-JP:495] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16133/2024 Himmat S/o Shri Sardar Singh, Aged About 23 Years, R/o Rundiya Nagar, New Mandi, Police Station Kotwali, Bharatpur (Raj.). (Presently Confined In Central Jail, Sewar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 16225/2024 Lokendra @ Lukky S/o Shri Hambeer Singh, Aged About 25 Years, R/o Tuhiya, Police Station Udhyog Nagar, Bharatpur (Raj.) At Present Residing At Rundhiya Nagar, Police Station Kotwali, Bharatpur (Raj.). (Presently Confined In Central Jail, Sewar). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar Mr. Kapil Nagayach For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 06/01/2025 These instant bail applications have been filed under Section 483 BNSS on behalf of accused-petitioners. The petitioners have been arrested in connection with FIR No. 821/2022 registered at Police Station Mathura Gate, District Bharatpur for the offence(s) under Sections 147, 148, 149, 302 and 120-B of IPC and Sections 3/25(6) and 27 of the Arms Act. [2025:RJ-JP:495] (2 of 3) [CRLMB-16133/2024] Learned counsel for the petitioners submits that the accused- petitioners have falsely been implicated in this case. It is argued that the FIR was instituted on 05.09.2022 and in the said FIR name of the petitioners were not mentioned. It is not alleged against the petitioners that they assaulted at the deceased alongwith the other co-accused and caused death of the deceased. It is further argued that the present accused-petitioners Lokendra and Himmat were arrested on 24.08.2024 and 04.10.2024 respectively. It is alleged against the petitioners that they provided accommodation to the main accused Deepak Kumar and Bharat. It is also argued that prior to filing of the charge-sheet against the petitioners, investigating agencies have submitted two charge-sheets and in both the charge-sheets investigation against the petitioners under Section 173 (8) Cr.P.C. were not kept pending and there is no direct or indirect evidences available on the record indicating the fact that the present accused petitioners hatched conspiracy with the other co-accused and assaulted the deceased resulting into his death. A few of the main accused who were named in the FIR have already been enlarged on bail by this Court and the case of the present accused petitioners is on better footing than the accused who have been enlarged on bail. The accused petitioners are in custody since long and the trial of the case will take considerable time. Therefore, the benefit of bail may be granted to the accused- petitioners. Per contra, learned Public Prosecutor opposes the bail application. Heard and perused the material available on the record. [2025:RJ-JP:495] (3 of 3) [CRLMB-16133/2024] Considering the fact that the name of the accused petitioners are not mentioned in the FIR and in the statements of eye witnesses Pankaj, Aditya Raj, Satveer and Gaurav. Furthermore in the two charge-sheets submitted against the other co-accused, investigation under Section 173(8) Cr.P.C. was not kept pending against both the present accused petitioners later on accused- petitioners were arrested on 24.08.2024 and 04.10.2024 respectively, only allegation against the petitioners are about facilitating the accommodation to the main accused and also to provide motor-cycle which was used for commission of offence, without further elaborating on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. Accordingly, these bail applications under Section 483 BNSS are allowed and it is ordered that the accused-petitioners 1. Himmat S/o Shri Sardar Singh, 2. Lokendra @ Lukky S/o Shri Hambeer Singh, in connection with FIR No. 821/2022 registered at Police Station Mathura Gate, District Bharatpur shall be enlarged on bail provided each of them furnish personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for their appearance before the court concerned on all the dates of hearing as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /11-12