[2025:RJ-JP:6565] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2267/2025 Bharat Choudhary @ Bhola S/o Shri Goverdhan Choudhary, R/o Harzi Ka Vaas, Police Station Iglas, District Aligarh (U.p.) Presently Resident Of Vijay Nagar, Saras Choraha, Police Station Mathura Gate, Bharatpur (Raj.). (Presently Confined In Central Jail, Sewar) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Kapil Nagayach For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 14/02/2025 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. 821/2022 registered at Police Station Mathura Gate, District Bharatpur for the offence(s) under Sections 147, 148, 149, 302 and 120-B of IPC and Section 3/25(6) and 27 of the Arms Act. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that name of the petitioner is not mentioned in the FIR. Even in the statement of eye-witnesses Satyaveer, Gaurav, Pankaj, Adityaraj and Lokendra name of the petitioner was not mentioned. It is also submitted that police after investigation filed the first charge- sheet in which the petitioner's name was not mentioned and even [2025:RJ-JP:6565] (2 of 3) [CRLMB-2267/2025] investigation was not kept pending against the petitioner. Subsequently, second charge-sheet was also filed and in the second charge-sheet also the name of the petitioner did not appear. Thereafter subsequently in the third charge-sheet police has mentioned name of the petitioner. The accused petitioner is in custody since 24.08.2024 and the trial of the case will take considerable time. It is also argued that in the bail application No. 1217/2024 Prabhav @ Bhola Vs. State of Raj. decided by this court vide order dated 02.02.2024, this court observed that co-accused Kuldeep and Vijaypal @ Bhura caused gun shot injures to the deceased Kripal Singh, therefore, the benefit of bail may be granted to the accused-petitioner. Per contra, learned Public Prosecutor opposes the bail application. Heard and perused the material available on the record. The main allegations of opening the fire and causing fatal injuries to deceased Kripal Singh is against co-accused Vijaypal Singh @ Bhura and Kuldeep. In the FIR the name of petitioner is not mentioned and even in the statement of eye witnesses which were recorded just after the incident the name of the petitioner did not appear. Neither in the first charge-sheet nor in the second charge-sheet name of the petitioner was mentioned and investigation was also not kept pending against the petitioner. Therefore, considering the above facts that main allegation of opening the fire and causing gun shot injuries to the deceased Kripal Singh are attributed to co-accused Kuldeep and Vijaypal @ Bhura, without further commenting anything on the merits of the [2025:RJ-JP:6565] (3 of 3) [CRLMB-2267/2025] case, I deem it just and proper to enlarge the accused-petitioner on bail. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Bharat Choudhary @ Bhola S/o Shri Goverdhan Choudhary, in connection with FIR No. 821/2022 registered at Police Station Mathura Gate, District Bharatpur 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 as and when called upon to do so. (PRAVEER BHATNAGAR),J ashu /7