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[2025:RJ-JP:51693] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.16280/2025 Shiva S/o Yogendra Singh, Aged About 19 Years, R/o Dahwa, Police Station Kumher, District Deeg (Raj.), Presently Tenant Bachhamadi House, Saras Chouraha, Bharatpur (Raj.). (At Present Confined In Central Jail Bharatpur.). ----Accused/Petitioner Versus State of Rajasthan through Public Prosecutor. ----Respondent For Petitioner(s) : Mr. Navankur Dubey For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA
Order 19/12/2025
1. This criminal miscellaneous bail application has been filed by the petitioner under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in respect of FIR No.708/2025 registered at Police Station-Mathuragate, District-Bharatpur, for the offences punishable under Sections 189(2), 126(2), 125 & 351(2) of Bharatiya Nyaya Sanhita, 2023.
2.
Learned counsel for the petitioner submits that the petitioner has not been named in the FIR and otherwise also, the firearm (desi katta) has not been recovered from the petitioner, nor any person has sustained any injury in the incident alleged in the FIR. He further submits that the juvenile implicated pursuant to FIR-in-question has also been enlarged on bail vide order dated 16.12.2025 passed in S.B. Criminal Revision Petition
[2025:RJ-JP:51693] (2 of 3) [CRLMB-16280/2025] No.2302/2025 finding that recovery of firearm was not made from him. He also submits that although one other criminal case pursuant to FIR No.715/2025 has been lodged against the petitioner, however, in that case, he has been already enlarged on the bail by the order passed by the learned trial Court itself, therefore, the accused-petitioner may be allowed to be enlarged on bail.
3. Learned Public Prosecutor has opposed the present bail application.
4. Having heard learned counsel for the petitioner as well as learned Public Prosecutor and in view of the fact that name of the petitioner is not there in the FIR, where firearm (desi katta) has not been effected from the petitioner and no person has sustained any injury pursuant to the incident alleged in the FIR, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail.
5. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Shiva S/o Yogendra Singh shall be released on bail in pursuance of FIR No.708/2025 registered at Police Station-Mathuragate, District-Bharatpur on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case.
[2025:RJ-JP:51693] (3 of 3) [CRLMB-16280/2025] (ii) He shall not leave the country without prior permission of the Court. (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court.
(ANAND SHARMA),J DAKSH/104(s)