[2026:RJ-JP:44] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 10236/2025 Harendra S/o Krapan Singh, Aged About 23 Years, R/o Village Samaliyapura, Police Station Rajakhera, Dholpur-Raj. (At Present Confined In District Jail Dholpur). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Rajeev Kumar Sogarwal, Adv. For Respondent(s) : Mr. Devi Singh, Dy.GA Mr. Ankur Singh Tomar, Adv. for complainant HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 06/01/2026 1. The first Bail Application was dismissed as withdrawn by this Court vide order dated 09.07.2025 in S.B. Criminal Miscellaneous Bail Application No. 944/2025. 2. The present second bail application has been filed by the accused-applicant under Section 483 of the B.N.S.S, 2023 against the order dated 31.07.2025 passed by learned Additional District and Sessions Judge, Dholpur (Raj.) (hereinafter referred to as learned 'trial Court') in connection with FIR No. 440/2024, registered at Police Station Rajakhera, District Dholpur, for the offences punishable under Sections 189(2), 115(2), 126(2), 351(2), 333, 109(1) and 352 of BNS, 2023, by which the bail ap- plication of the accused-applicant under Section 483 of BNSS, 2023 has been dismissed. [2026:RJ-JP:44] (2 of 3) [CRLMB-10236/2025] 3. In compliance of the order dated 30.10.2025 passed by this Court, statement of the injured-Pawan has been recorded by the learned trial Court and the same is available on record. In view of the said statement, injured-Pawan has attributed the allegation of causing gun shot injury against the present accused-applicant namely; Harendra. 4. Learned counsel for the accused-applicant submits that in this matter, the FIR was lodged by one Vijaypal and the allegation in the FIR of causing gun shot injury to injured-Pawan has been levelled against Dinesh. Learned counsel further submits that in the statement recorded under Section 161 of Cr.P.C., mother of the injured-Pawan namely; Kamlesh has also stated that the gun shot injury was caused by Dinesh. Learned counsel argues that chargesheet in this matter has been filed and trial has started. Learned counsel also argues that the statement of eye-witnesses including the injured have been recorded as PW-1-Kamlesh, PW-2- Vijaypal and PW-3-injured Pawan respectively. Learned counsel contends that the accused-applicant-Harendra is 23 years of age and was arrested on 24.12.2024 and since then, he is behind the bars. Learned counsel further contends that trial will take long time to conclude, therefore, looking to the period of incarceration, contradiction between the version of the FIR, statements recorded under Section 161 of Cr.P.C. and the statements recorded under Section 164 of Cr.P.C., during the trial, the accused-applicant be enlarged on bail. 5. On the other hand, learned Deputy Government Advocate as well as learned counsel for the complainant vehemently opposes the bail application on the ground of seriousness of the offences. [2026:RJ-JP:44] (3 of 3) [CRLMB-10236/2025] 6. Heard learned counsel for the parties and also perused the material available on record. 7. Having regard to the overall facts and circumstances of the case and considering the fact of the contradiction that in the FIR; the allegation of causing gun shot injury is on Dinesh; in the statements recorded under Section 161 of Cr.P.C., the FIR lodger Vijaypal and eye-witness PW-1-Kamlesh have stated that the gun shot injury was caused by Dinesh, however, injured-Pawan has stated in his statement recorded during trial that it was Harendra who caused gun shot injury. Also, considering the fact that the charge-sheet has been filed; that the accused-applicant is 23 years of age and is behind the bars since 24.12.2024 and that the trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant. 8. Consequently, this second bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused- applicant Harendra S/o Krapan Singh, arrested in FIR No. 440/2024, registered at Police Station Rajakhera, District Dholpur, shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. 9. The accused-applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /1