[2026:RJ-JP:658]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16911/2025 Rajesh Kasana @ Radhe Gurjar S/o Pappu @ Musaram, Aged About 26 Years, R/o Sunderpura, Police Station Kotputli, District Kotputli-Behror, (Raj.) (At Present Confined In Central Jail, Alwar).

----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Amit Choudhary, Ms. Anil Kumar Kasana, Mr. Lovesh Mannani, Mr. Priyan Agarwal For Respondent(s) : Mr. Manvendra Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

08/01/2026

1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 261/2024 registered at Police Station Narayanpur, District Kotputli-Behror for the offences under Sections 109(1) and 3(5) of BNS.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that no recovery of any weapon was effected from the petitioner's possession. In the Parcha Bayan given by the injured Hawa Singh, name of the petitioner did not appear. Later on, police recorded the statement of witnesses Kailash Chand Gurjar, Vishambhar Dayal and other witnesses after a delay of almost 2 months and name of the petitioner appeared in their statement. It is presumed that fire arm was used by the petitioner then also there was no murderous intention on the part of the present petitioner to cause death of the deceased. The fire arm was not used intentionally rather it was fired accidentally. The petitioner is in custody since 26.10.2025 and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

3. Learned Public Prosecutor has vehemently opposed the bail application and contended that fire arm was used by the petitioner which resulted into injury to the injured Hawa Singh at his abdomen. There are criminal antecedents against the petitioner, therefore, the 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 after going through the contents of the charge- sheet, without commenting anything on the merits of the case, I 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 Rajesh Kasana @ Radhe Gurjar S/o Pappu @ Musaram, in connection with FIR No. 261/2024 registered at Police Station Narayanpur, District Kotputli-Behror, 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.

7. The accused-petitioner is also directed to mark his presence on 25^th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station is directed to maintain a regular register marking the presence of the accused-petitioner and shall send the presence report of the accused-petitioner on the same day to the concerned Trial Court without any delay. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court.

(PRAVEER BHATNAGAR),J Keshav/246