Order

25/03/2025

1. Instant second bail application is preferred by petitioner accused in a matter arising out of FIR No.531/2024 dated

18.08.2024 registered at P.S. Jhotwara, Jaipur (West).

2. On earlier occasion, first bail application No.15169/2024 was dismissed by this Court on 10.12.2024.

3. Learned counsel for petitioner submitted that police has already filed charge-sheet after investigation and same is pending before the trial court. He further submitted that parties have settled their dispute and a compromise has been entered between complainant and present petitioner and copy of same is placed on record. He also submitted that keeping petitioner behind the bars would serve no purpose in wake of compromise between the parties.

4. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted that police has filed a partial charge-

sheet and still investigation is pending against some of accused.

5. The counsel for complainant has supported the contentions of learned counsel for petitioner and submitted that the parties have settled their dispute and complainant has no objection, in case, bail of present petitioner is allowed.

6. Heard learned counsel for parties and learned Public Prosecutor. Perused the material placed on record.

7. While considering first bail application on 10.12.2024, this Court has observed that FIR No.531/2024 was registered on 18.08.2024 for incident on night of 15.08.2024 wherein the complainant was wrongfully confined. Now the police has filed charge-sheet against Pulkit Yadav and Yashwardhan under Sections 115(2), 140(3), 127(2), 331(4), 310(2), 61(2) and 351(2)(3) of BNS and after cognizance by learned Additional Chief Judicial Magistrate (Communal Rights Cases) Jaipur Metro-II on 06.01.2025 same was committed to learned Sessions Judge, Jaipur Metro-II.

8. When this matter was considered by learned Additional Sessions Judge No.3, Jaipur Metro-II then bail application preferred under Section 483 BNSS was dismissed on 23.01.2025.

The petitioner is in custody since 12.10.2024.

9. Learned Additional Sessions Judge has also considered the fact that there is a compromise between complainant and accused and complainant Hemendra Singh Shekhawat has filed an affidavit to this effect.

10. This petitioner accused is charged under Sections 115(2), 140(3), 127(2), 331(4), 310(2), 61(2) and 351(2)(3) of BNS out of which Sections 115(2), 127(2) and 351(2)(3) of BNS are compoundable under Section 359(1) of BNSS but offence under Sections 140(3), 331(4), 310(2) and 61(2) of BNS are not compoundable under the law.

11. The offence under Section 61(2) of BNS pertains to criminal conspiracy. Under Section 140(3) of BNS the maximum punishment is 7 years with fine. Under Section 310(2) of BNS the maximum punishment is for life or rigorous imprisonment of 10 years with fine and exclusively triable by court of session whereas under Section 331(4) of BNS the maximum punishment is imprisonment of 5 years with fine.

12. A perusal of compromise clearly indicated that compromise which was executed on 10.03.2025 has not been filed before learned trial court for compounding offence under Sections 115(2), 127(2) and 351(2)(3) of BNS. The compromise clearly indicated that the complainant was not identified by anyone. Herein only a copy has been filed as Annexure-III. Even before the learned Additional Sessions Judge No.3, Jaipur Metro-II an affidavit of Hemendra Singh Shekhawat was filed indicating that parties have entered into compromise and he has no objection in case bail is granted to petitioner.

13. A criminal justice is not a tool at the whims of any party particularly in a case wherein serious offence is charged by police and proper compromise is not filed before the trial court therefore for purpose of bail, compromise does not inspire confidence and cannot be entertained.

14. This court has already considered gravity of the matter in order dated 10.12.2024 therefore there is no case on merits to grant bail to p