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2025 Supreme(RAJ) 1098

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
SADDAM S/O SHAUKIN KHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 221 / 2025



Advocates:
Dr. Mahesh Sharma, Mr. Fateh Ram Meena, Mr. Lakhan Singh Meena, Mr. Rajesh Choudhary, GA cum AAG with Ms. Neha Goyal, Mr. Anirudh Tyagi

The absence of prior criminal history and lack of direct involvement in the allegations against the accused-petitioner justified the grant of bail.

Headnote:(A) B.N.S.S. - Section 483 - Bail application - Accused-petitioner arrested under FIR No. 362/2024 for offences under Sections 190, 191(2), 191(3), 109(1) of B.N.S.S. and Section 3/25 of Arms Act - Accused not named in FIR, main allegations against co-accused - No criminal antecedents of accused-petitioner - Arrest since 10.12.2024. (Paras 1, 2, 6)

(B) Bail - Grounds for grant - Absence of criminal history and lack of direct involvement in allegations against the accused-petitioner considered - Accused-petitioner deemed justly entitled to bail. (Paras 6)

Facts of the case:
The accused-petitioner was implicated in a case involving allegations of conspiracy and violence against the complainant's family, primarily attributed to co-accused individuals, with no prior criminal record.

Findings of Court:
The court found sufficient grounds to grant bail based on the absence of prior criminal history and the nature of allegations against the accused-petitioner.

Issues: The main issues included the credibility of the allegations against the accused-petitioner and the justification for granting bail in light of no prior criminal record.

Ratio Decidendi: The court concluded that the absence of criminal antecedents and the lack of direct involvement in the alleged crime justified the bail grant, emphasizing the principle that bail should not be denied solely based on accusations.

Result: Bail application allowed.

Order :

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, Jaipur City (East), 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 is not mentioned. It is also contended that the main allegations of causing mischief at the house of the complainant Aruna Devi are against the other co-accused and the recovery of fire arm was also effected at the instance of the other co-accused Achitya Singh. 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 GA cum AAG 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, at the instance of the other co-accused Achitya Singh. 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 antecedents against the accused-petitioner, the main allegations of causing mischief, opening fire and threatening the grand-son of the complainant are against the other co-accused namely, Kundan, Aachitya Singh, Akram @ Akki, 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 Narendra Singh S/o Shri Ajay Singh, in connection with FIR No.362/2024, registered at Police Station Jawahar Nagar, Jaipur City (East), District 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.

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