[2025:RJ-JP:50685]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16451/2025 Bhupendra @ Hudda S/o Pooranmal Gurjar, Aged About 25 Years, R/o Kiratsinghpura Udhanwas, Police Station Behror, District Kotputli-Behror, At Present Lodged In The Sub Jail, Kishangarhbas District Khairthal-Tijara.

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Ashvin Garg with Mr. Ripu Daman, Adv. Mr. Monit Hatila, Adv.

For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE ANAND SHARMA

Order

16/12/2025

1. This criminal miscellaneous bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No. 332/2025 registered at Police Station Mundawar, District Khairthal-Tijara for the offences punishable under Section

308(2), 308(6) and 61(2)(a) of BNS.

2. It is submitted by learned counsel for the petitioner that FIR has been lodged specifically against three persons namely; Priyanka Sharma, Pradeep Sharma and Dinesh and there is no reference of involvement of any other accused in FIR. It is further submitted that after investigation, charge-sheet has been filed against all the accused persons under Section 308(6), 308(7), 318(2), 112(2) and 61(2)(a) of BNS, 2023. So far as offences under Section 308(6), 308(7), 318(2) of BNS are concerned, they are bailable in nature. It is submitted that there is no criminal antecedent against the petitioner and he is not involved in any other criminal case, therefore, filing of the charge- sheet against him under Section 112(2) for committing organized crime is not tenable in view of definition of organized crime given in Section 111 of BNS. Hence, by no stretch of imagination, petitioner falls within the ambit of definition of offender of organized crime. Learned counsel also submits that the pettioner is behind the bars since 03.09.2025 and after completing the investigation, charge-sheet has already been filed, therefore, he is no longer required for any custodial interrogation. Hence, a prayer has been made to enlarge the petitioner on bail.

3. Learned Public Prosecutor has vehemently opposed this bail application.

4. Having heard learned counsel for the petitioner as well as learned Public Prosecutor and after considering the fact that so far as offences under Section 308(6), 308(7) and 318(2) of BNS are concerned, they are bailable in nature and there are no criminal antecedent against the petitioner, his implication for offence under Section 112(2) of BNS is also under question as well as the fact that in FIR, specific allegations are only against named accused and nobody else, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail.

5. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Bhupendra @ Hudda S/o Pooranmal Gurjar shall be released on bail in pursuance of FIR No.332/2025 registered at Police Station Mundawar, District Khairthal-Tijara on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.50,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:-

(i) He shall not tamper with any evidence, nor would influence the witnesses in the case.

(ii) He shall not leave the country without prior permission of the Court.

(iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court.

(ANAND SHARMA),J DIVYA /311