[2025:RJ-JP:46244]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IInd Bail Application No. 14403/2025 Vikram Singh S/o Sh. Chandrabhan, Aged About 42 Years, R/o Mau, Police Station Mundawar, Dist. Khairthal-Tijara (Raj.). (At Present Petitioner Is Confined In Sub Jail Mundawar, Dist.

Khairthal-Tijara (Raj.)

----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Brahma Prakash For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

17/11/2025

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. 198/2025 registered at Police Station Mundawar, District Khairthal-Tijara for the offence(s) under Sections 109(1) and 351(3) of BNS and Sections 5/27 of the Arms Act.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the first bail application of the accused- petitioner was dismissed on 11.08.2025, thereafter the prosecution has examined injured PW-2 Subedar Vishambhar Dayal and other eye witnesses and all of them turned hostile and not supported the prosecution story. It is alleged against the petitioner that he caused fire-arm injury to PW-2 Subedar Vishambhar Dayal, however the prosecution failed to substantiate the allegations. The accused-petitioner is in custody since 22.04.2025 and further trial of the case may take considerable time. There are no criminal antecedents against the petitioner, therefore considering the statement of witnesses and particularly of the injured, the bail application of the accused-petitioner may be allowed.

3. Learned Public Prosecutor has vehemently opposed the bail application and contended that petitioner caused fire-arm injury to injured Subedar Vishambhar Dayal and at his instance a fire-arm was recovered, therefore, considering the above fact, the second bail application of the accused-petitioner may be dismissed.

4. Heard and perused the material available on record.

5. Considering the arguments advanced by learned counsel for the petitioner and looking to the fact that first bail application of the accused-petitioner was dismissed prior to the statement of injured and other witnesses. Thereafter the prosecution has examined twelve witnesses and material witnesses PW-2 injured Subedar Vishambhar Dayal has turned hostile and not supported the prosecution story and denied the fact that accused caused fire arm injury, similarly the other eye witnesses notably PW-1 Hazari Lal, PW-3- Sachin, PW-4 Savitri, PW-5 Poonam, PW-6 Yogendra, PW-7 Shanta Devi, PW-8 Gaje Singh, PW-9 Jai Prakash and PW-10 Virendra Singh have turned hostile and denied the fact that petitioner caused fire-arm injury to injured, without commenting anything on the merits of the case and looking to the custody period, this court deem it just and proper to enlarge the accused-

petitioner on bail.

6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Vikram Singh S/o Sh. Chandrabhan, in connection with FIR No. 198/2025 registered at Police Station Mundawar, District Khairthal-Tijara shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- 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.

(PRAVEER BHATNAGAR),J ashu /31 Powerd by TCPDF (w.tcpdf.org)