[2025:RJ-JP:35683] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10662/2025 Himanshu @ Happy Sain S/o Ramesh Chand, Aged About 24 Years, R/o Kumharo Ka Mohalla Rajpura Ward, Baran. At Present Babji Nagar, Baran, Police Station Kotwali Baran, District Baran (Raj.) (At Present Confined In District Jail Baran) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Jitendra Pandey For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/09/2025 1. Instant application for bail is filed under Section 483 of BNSS by the petitioner-accused Himanshu @ Happy Sain S/o Ramesh Chand, in FIR No.438/2025 dated 23.07.2025 registered at P.S. Kotwali Baran District - Baran, whereby the petitioner-accused has charged under Sections 3/25 of Arms Act. 2. The petitioner was arrested on 23.07.2025 and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. Learned counsel for the petitioner submits that only on suspicion, the petitioner accused was intercepted during Nakabandi and [2025:RJ-JP:35683] (2 of 3) [CRLMB-10662/2025] police has allegedly recovered a country made pistol and a live cartridge from his possession. He further submits that police has also arrested Puneet Sharma for dealing in firearms. He further submits that co-accused Puneet Sharma was granted bail by trial Court on 05.08.2025 and the present petitioner accused is in custody since 23.07.2025. He also submits that three criminal cases were registered against the petitioner accused and in all three cases, the petitioner accused on bail. He undertakes not to repeat offence and submitted that the police has already drawn a charge-sheet. He also submitted that the trial will take time and no purpose will be served by keeping the petitioner- accused in custody. 4. Aforesaid contentions were opposed by learned Public Prosecutor. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On 23.07.2025, the petitioner accused was stopped during nakabandi and a firearms and live cartridge were recovered from his possession and a case under Section 3/25 of Arms Act is registered against him. Three other criminal cases were registered against the petitioner accused. The police has concluded investigation in pending three cases and already filed charge-sheet in all cases. The offence is triable by Magistrate First Class. 7. Upon hearing the arguments and perusing the record, we have found that the petitioner-accused is no more required [2025:RJ-JP:35683] (3 of 3) [CRLMB-10662/2025] in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, 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 petitioner-accused. 8. Thus, the instant bail application filed on behalf of petitioner- accused is hereby allowed and the petitioner-accused Himanshu @ Happy Sain S/o Ramesh Chand, is 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 petitioner-accused shall not tamper with evidence or influence the witness in any manner. (ii) The petitioner-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioner-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 petitioner-accused shall be liable to be cancelled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/161