[2025:RJ-JP:39676] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12227/2025 Shubham S/o Premchand, R/o Ward No. 4, Nichla Padha Gandi Fali, Police Station Kaithoon, Zila Kota (Rajasthan) (Presently Confined In Kota Central Jail Since 11/09/2025). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abhishek Bhardwaj For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 25/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Shubham S/o Premchand seeking bail in respect of a criminal case registered as FIR No.226/2025 dated 05.09.2025 registered at P.S. Anantpura, District– Kota City, for the offence under Sections 115(2), 126(2), 333, 140(3) and 3(5) of BNS. 2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents. He also submits that the [2025:RJ-JP:39676] (2 of 3) [CRLMB-12227/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for applicant submits that due to a matrimonial dispute current report is registered by wife of present applicant-accused for kidnapping of a minor son from custody of mother. He submits that a divorce petition is already pending and a false report, is registered against applicant-accused as there is no criminal antecedents against him. 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. 5. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of a report dated 05.09.2025 about forceful kidnapping of 3 years old son of complainant by present applicant-accused, who is father of child, a report is registered and matter is investigated. The boy was recovered on 10.09.2025. Earlier a FIR No.298/2019 dated 24.07.2019 was registered by complainant at Mahila Thana (Kota City) for offence under Section 498-A and 406 IPC against present applicant-accused. There is a matrimonial dispute between complainant and present applicant-accused. 7. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, [2025:RJ-JP:39676] (3 of 3) [CRLMB-12227/2025] looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant- accused 8. Thus, the instant bail application filed on behalf of applicants-accused Shubham S/o Premchand, is hereby allowed and ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicant-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J GAURAV /164