[2025:RJ-JP:29350]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7275/2025 Manish Jat @ Manish Kobra S/o Chhoturam, Aged About 25 Years, R/o Village Panwa Kalan, Police Station Narena, District Jaipur Rural (Raj.) (At Present In Central Jail, Ajmer).

----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Shyam Bihari Gautam For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

01/08/2025

1. This instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.178/2024 registered at Police Station Roopangarh, District Ajmer (Raj.) for the offences punishable under Sections 103(1), 109(1), 115(2), 126(2), 111(2)(a), 190, 191(2), 191(3), 308(4), 326(f) & 61(2)(a) of BNS and Section 3/25 of Arms Act. Later on, police filed charge-sheet for the offences punishable under Sections 103(1), 109(1), 115(2), 126(2), 111(2)(a), 190, 191(2), 191(3), 308(4), 326(f), 189(2), 189(4), 324(4) & 61(2)(a) of BNS and Section 3/25 of Arms Act.

2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel submits that deceased sustained two injuries, one is abrasion and second is gunshot which is cause of death. Counsel submits that allegation of causing firearm injury on the person of the deceased and other injured, is against the co-accused Dinesh Choudhary. Counsel submits that co-accused Parvati Devi, Shriram, Ratan Lal, Shivraj, Kamlendra @ Kailash, Mukesh & Narendra and two juvenile namely A and P have been granted benefit of bail by this Court. It is submitted that petitioner is in custody since his date of arrest. Further custody of the petitioner would not serve any fruitful purpose.

3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that one other case has been registered against the petitioner.

4. I have considered the contentions.

5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that allegation of causing firearm injury which is cause of death of the deceased, is against the co-accused Dinesh Choudhary; charge-sheet has been filed in this matter; co-accused persons have been granted benefit of bail by this Court, but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail application.

6. This bail application is accordingly allowed and it is directed that accused-petitioner – Manish Jat @ Manish Kobra S/o Chhoturam shall be released on bail provided, he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that he shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

7. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station in first week of every month, till trial is concluded.

8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.

9. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to petitioner by this Court.

10. Office is directed to se