Rohit S/O Chetram Vs State of Rajasthan

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 9084/2025

Rohit S/o Chetram, Aged About 19 Years, R/o Village Sunhaira Police Station Kaman, District Deeg, Rajasthan. (At Present Accused Petitioner Confined In Sub Jail Deeg).

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----Petitioner

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Versus

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State Of Rajasthan, Through Pp

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----Respondent

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For Petitioner(s) : Mr. Rahul Sinsinwar For Respondent(s) : Mr. Anuj Rohila Mr. Vijay Singh Yadav, PP

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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14/08/2025

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This instant application for bail filed under Section 483 of BNSS by the applicant-accused Rohit S/o Chetram in FIR No. 277/2025 dated 02.06.2025 registered at P.S. Kaman, District -Deeg, whereby the applicant-accused was charged under Sections 115(2), 126(2), 109(1), 125, 3(5) of BNS.

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The applicant was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application.

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Learned counsel for the applicant relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further, he submits that the investigation relating to present applicant-accused is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required for

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further investigation, the applicant-accused will be available for such investigation. He also submits that the investigation/trial will take its own time and no purpose will be served by keeping the applicant-accused in custody.

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Learned counsel for petitioner submitted that complainant has registered instant case only on ground that he is contesting election of Sarpanch and he is having threat from two brothers Mohit and Rohit. He further submitted that only Rohit has filed instant bail application on the ground that no specific allegation of attribution of injury is made upon him. He further submitted that as per complainant, the shot which caused injury upon complainant was fires by Mohit. He further submitted that in a superficial injury case, police has registered a case under Section 109(1) of BNS. He also submitted that there is no criminal antecedent against the petitioner.

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Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for complainant. Learned counsel for complainant has submitted that a fire arm has been recovered from the possession of petitioner and he has also fired shot upon injured.

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Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record.

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On the basis of report filed by complaint on 02.06.2025 about incident in the evening of 01.06.2025, the matter was investigated and present petitioner was arrested on 08.06.2025 and charge-sheet has been drawn. The attribution of injury is upon Mohit and not upon present

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petitioner. The gun shot injury is found as simple after X-ray report.

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Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicantaccused.

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Thus, the instant bail application filed on behalf of applicantaccused Rohit S/o Chetram , is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

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(i) The applicant-accused shall not tamper with evidence or influence the witness in any manner.

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(ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

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(iii) The applicant-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court.

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