[2025:RJ-JP:51212] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16401/2025 Omprakash @ Omi S/o Shri Kishan Singh @ Kisna Singh, Aged About 61 Years, R/o Village Chandanpura, Police Station Gahnauli Mod, District Bharatpur, Presently Resident Of Panjabi Mohalla Khanua, Police Station Gahnauli, District Bharatpur (Raj.) (The Accused Petitioner Presently Confined In Sub Jail Bayana, District Bharatpur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Rajneesh Gupta, Adv. with Mr. Aamir Khan, Adv. For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA Order 18/12/2025 1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No. 94/2021 registered at Police Station Roopwas, District Bharatpur for the offence punishable under Section 363 IPC. 2. Learned counsel for the petitioner submits that pursuant to FIR in question, which was lodged on 15.02.2021, charge-sheet was filed by the Investigating Officer, where name of the petitioner was shown at serial No.5 as prosecution witness and his statements were also recorded before the trial Court as PW5. Only on account of the fact that investigation was pending against other 3 accused, later on quite maliciously the petitioner was also implicated as an accused in this matter. He further submits that [2025:RJ-JP:51212] (2 of 3) [CRLMB-16401/2025] main accused in the case Krishan Kant and Smt. Hemlata have already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 15.04.2024 in S.B. Criminal Miscellaneous Bail Application Nos.3686/2024 and 3687/2024. Learned counsel for the petitioner submits that case of the petitioner is at far better footing. He is behind the bars since 21.11.2025, therefore, a prayer has been made to grant similar benefit of bail to the petitioner. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Having heard learned counsel for the petitioner as well as learned Public Prosecutor and after examining the charge-sheet where name of the petitioner was earlier shown as prosecution witness and even his statements were also recorded as PW5, thereafter, implicating the petitioner as an accused, raises serious question upon the modus operandi adopted by the Investigating Officer as well as in the light of the fact where the co-accused Krishan Kant and Smt. Hemlata have already been enlarged on bail vide order dated 15.04.2024 passed by the Co-ordinate Bench of this Court, without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Omprakash @ Omi S/o Shri Kishan Singh @ Kisna Singh shall be released on bail in pursuance of FIR No. 94/2021 registered at Police Station Roopwas, District Bharatpur on furnishing a personal bond of Rs. 1,00,000/- along with two [2025:RJ-JP:51212] (3 of 3) [CRLMB-16401/2025] 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. (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 Jatin /284