Bail can be granted based on the nature of allegations, duration of custody, and acceptance of co-accused's bail applications, without commenting on case merits.

Order :

1. These three bail applications under Section 483 of BNSS have been filed on behalf of the petitioners, who have been arrested in connection with FIR No.1097/2024 PS Kardhani Jaipur for offences under Sections 111(3) , 103(1)/55 BNSS and Section 3/25(6) Arms Act . After completion of investigation, police has filed chargesheet in the court concerned for the aforesaid offences.

2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submits that bail applications of the co-accused Chetan Sharma and Mrinal Kapoor have been accepted by this Court. He contends that no recovery has been effected at the instance of these accused petitioners and they have been arrested in this case only on the basis of the interrogation of co-accused. As per the prosecution case, the accused persons hatched a conspiracy for murdering one Sanjay in revenge of murder of one Happy Choudhary but before the accused persons could execute their plan, they have been arrested. As per prosecution case, the petitioners were connected with each other via an mobile App. Learned counsel further submits that only on the basis of suspicion, the accused persons have been made accused in this case. Charge sheet has been filed in the matter. They are in custody since their date of arrest and trial will take time in its conclusion.

3. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. It is contended that the petitioners along with other accused persons hatched a conspiracy and intended to commit crime. They are habitual offender as there are criminal cases registered against them. He submits that looking to the nature of allegations and gravity of offences, they do not deserve indulgence of bail.

4. I have considered the contentions.

5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, as also perusing the charge sheet filed in the court concerned by the investigating agency after completion of investigation and looking to the fact that bail applications of the Chetan Sharma and Mrinal Kapoor have been accepted by this Court; period of custody and trial will take considerable time in its conclusion but without commenting anything on merits and demerits of the case, I deem it proper to allow these bail applications.

6. These bail applications are accordingly allowed and it is directed that accused-petitioner (1) Deepak Kumar S/o Shri Ramniwas Rawat (2) Abhishek Batar S/o Pappuram and (3) Ravi Vishnoi S/o Ramjilal 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 he 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.

7. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.

8. The petitioners shall not involve in similar offences during currency of bail and shall mark their presence in the local police station where they are presently residing in the first week of every month till conclusion of trial. Breach of any of these two conditions shall alone be a reason for the trial court to cancel the bail granted to them.

9. The concerned SHO is directed to maintain a register recording their presence. In case the petitioners fail to mark his presence, as stated above, the concerned SHO is directed to intimate the matter to the concerned court forthwith.