[2025:RJ-JP:2031] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16521/2024 Karan Hari @ Raja S/o Shriram Hari, Aged About 27 Years, R/o Pratap Chowk, Harijan Basti, Ladpura, Kota, Police Station Kotwali, District Kota, Rajasthan. (At Present In Confined In Central Jail, Kota) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Avtar Singh Rathore For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Shyam Bihari Gautam HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 15/01/2025 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.88/2024 registered at Police Station Kotwali, District Kota City (Rajasthan) for the offences punishable under Sections 143, 147, 148, 149, 302, 307, 323, 449, 450 & 452 of IPC. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 143, 147, 148, 149, 302, 307, 323, 449, 450, 452, 324 & 120B of IPC and Section 4/25 of Arms Act. 2. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that according to the statement of eye-witnesses recorded under Section 161 of Cr.PC, it is evident that petitioner was not present [2025:RJ-JP:2031] (2 of 3) [CRLMB-16521/2024] at the place of incident. Counsel submits that according to the statement of eye-witnesses, accused persons namely Anil @ Sawan @ Badal, Sachin @ Gullu, Sahil, Karan Narwal, Jitendra @ Jeetu & Akash @ Veer were involved in killing of two persons. Counsel submits that petitioner has been made accused on the basis of information furnished by the co-accused Sachin @ Gullu under Section 27 of Indian Evidence Act. Counsel submits that charges have been framed in this matter and petitioner has been charged for the offence punishable 120B of IPC. Counsel submits that there are no criminal antecedents of the petitioner. Counsel further submits that petitioner is in custody since 16.05.2024 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor as well as counsel for the complainant vehemently opposes the submissions made by counsel for the petitioner. Counsel for the complainant submits that petitioner was in contact with the co-accused Sachin @ Gullu who inflicted knife injuries to the deceased. He submits that it is evident from the charge-sheet that there are total 10 calls between petitioner and co-accused Sachin @ Gullu. He further submits that petitioner made 3 calls to the co-accused Sachin @ Gullu and received 7 incoming calls from him. 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 learned counsel for the parties and especially the fact that admittedly petitioner was not present in the place of incident; charges have been framed in [2025:RJ-JP:2031] (3 of 3) [CRLMB-16521/2024] this matter and petitioner is charged for the offence punishable under Section 120B of IPC; absence of criminal antecedents of the petitioner; petitioner is in custody since 16.05.2024, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow this bail application. 6. 6. This bail application is accordingly allowed and it is directed that accused-petitioner Karan Hari @ Raja S/o Shriram Hari 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. Any 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 LALIT MOHAN /300