[2025:RJ-JP:29220] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2486/2025 Insar S/o Shri Sarasmal @ Sarsu, R/o Alapur, Police Station Akbarpur, District Alwar. (At Present In Central Jail, Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2487/2025 Aasam Khan @ Aasab S/o Shri Sarasmal @ Sarsu, R/o Alapur, Ps Akbarpur District Alwar Currently Residing At Near Bus Stand Akbarpur, Ps Kabarpur District Alwar (Raj.) (Accused Petitioner Is In Judicial Custody In Jail Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Surendra Singh Sunda Mr. Manish Gupta For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Dharmendra Kumar for Mr. Kapil Gupta HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/07/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.137/2024 registered at Police Station Akbarpur, District Alwar for the offences punishable under Sections 189(2), 115(2) & 126(2) of Bharatiya Nyaya Sanhita, (in short ‘BNS’), 2023. After completion of investigation, police filed charge- [2025:RJ-JP:29220] (2 of 3) [CRLMB-2486/2025] sheet in this matter for the offences punishable under Sections 189(2), 115(2), 103(1), 190 & 126(2) of BNS, 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is submitted that as per prosecution story, two persons, namely, Khurshid and Deena are the eye-witnesses of the incident. It is submitted that eye witness Khurshid has been examined during the course of trial wherein he did not support the prosecution case and he has been declared hostile. It is argued that as per statement of Deena recorded under Section 183 BNSS, he clearly stated that he could not see the assailants. It is argued that other co-accused persons namely- Vakeel and Bhagmal have already been granted benefit of bail by this Court. Learned counsel contend that petitioners have no criminal antecedents and trial will take considerable time in its conclusion. Counsel submits that petitioners are in custody since 12.09.2024 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently oppose the submissions made by learned counsel for the petitioners. 4. Learned counsel for the complainant submits that parcha bayan of deceased is available on record wherein it has been clearly stated that he was beaten up by Irfan and elder son of Sarsu and third person Gafur was also there. Counsel submits that both the petitioners are sons of Sarsu, therefore, it is clear that petitioners are involved in the commission of crime. 5. I have considered the contentions. [2025:RJ-JP:29220] (3 of 3) [CRLMB-2486/2025] 6. Having regard to the totality of the facts and circumstances of the case; especially considering the argument advanced by learned counsel for the petitioners, as also considering the material available on record in the form of charge-sheet as well as the fact that petitioners are in custody since 12.09.2024, there are no criminal antecedents against the petitioners and trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. 7. These bail applications are accordingly allowed and it is directed that accused-petitioners (1) Insar S/o Shri Sarasmal @ Sarsu and (2) Aasam Khan @ Aasab S/o Shri Sarasmal @ Sarsu, shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 8. The observations made hereinabove is only for the decision of these bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J CHARU SONI /84-85