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2025 DAILYLAW 4649 (RAJ)

GAUTAM SINGH SHEKHAWAT S/O RAMAVATAR SINGH v. STATE OF RAJASTHAN

CRLMB/1185/2025 · 2025-01-24

Praveer Bhatnagar

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1185/2025 Gautam Singh Shekhawat S/o Ramavatar Singh, Aged About 32 Years, R/o House No. 105-A, Vikram Vihar, Kanakpura Railway Station, Police Station Kardhani, Jaipur. (That The Accused Petitioner Is Currently Confined At Central Jail, Jaipur In Judicial Custody Since 04/12/2024) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. R.B. mathur, Sr. Adv with Mr. Shoaib Mirza Ms. Falak Mathur Mr. Salim Khan Gori Mr. Somen Hussain For Respondent(s) : Mr. Manvendra Singh, PP Mr. Anirudh Tyagi Ms. Renu Kanwar Chauhan HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 24/01/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 362/2024 registered at Police Station Jawahar Nagar, District Jaipur City (East) for the offence(s) under Sections 190, 191(2), 191(3), 109(1) of BNS and Section 3/25 of Arms Act. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that in the FIR the name of the accused-petitioner has not been mentioned. It is also contended that the main allegations of (2 of 3) [CRLMB-1185/2025] causing mischief at the house the complainant Aruna Devi are against the other co-accused and the recovery of fire arm was effected at the instance of the other co-accused Achitya Singh, the said recovery was effected from the petitioner's house. It is also contended that there are no criminal antecedents against the accused-petitioner, the accused-petitioner is in custody since 10.12.2024, therefore, the bail application of the accused- petitioner may be allowed. 3. Learned Public Prosecutor as well as learned counsel appearing on behalf of the complainant have vehemently opposed the grant of bail application. 4. Learned counsel for the complainant submits that in order to take revenge from the complainant's grand-son, the co-accused in conspiracy with the accused-petitioner attacked at the house of the complainant and thereafter, opened fire on the instance of the other co-accused Achitya Panwar, a firearm was recovered from the house of the present accused-petitioner, the accused- petitioner is a member of the Syndicate operated by the other co- accused and they threatened the grand-son of the complainant, who had deposed against the co-accused in a criminal case pending before the concerned Court, therefore, considering the allegations levelled against the accused-petitioner, the bail application may be dismissed. 5. Heard and perused the material available on the record. 6. The factual report shows that there are no criminal cases against the accused-petitioner, the main allegation of causing mischief, opening fire and threatening the grand-son of the complainant are against the other co-accused, namely, Kundan, (3 of 3) [CRLMB-1185/2025] Aachitya Singh, Akram @ Akki, Narendra Singh, Rakesh Saini @ Babu and Kuldeep Gehlot @ Kalu, therefore, considering the above facts, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 7. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioner - Gautam Singh Shekhawat S/o Ramavatar Singh, in connection with FIR No.362/2024, registered at Police Station Jawahar Nagar, Jaipur City (East), shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /19