CRLMB/11728/2026 of NARESH KUMAR @ GHANA S/O KHEMRAJ Vs THE STATE OF RAJASTHAN on 3 September 2026

Order

03/09/2026

1. The instant second bail application has been filed against the order of the learned trial Court dated 01.06.2026 on behalf of the accused-petitioner under Section 483 of BNSS in connection with FIR No. 87/2026 registered at Police Station Kundera, District Sawai Madhopur, for the offence(s) punishable under Sections 351(2) and 109(1) of BNS and Section 3, 25 and 27 of Arms Act.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has been falsely implicated in this case; that charge-sheet has already been filed. He also submits that the accused-petitioner is in custody since long. He further submits that the co-accused has been enlarged on bail. He further submits that it is a case of no injury and conclusion of trial will take its own time, so no fruitful purpose would be served by keeping the

(2 of 3) [CRLMB-11728/2026] accused-petitioner behind the bars and, therefore, prays that the accused-petitioner may be granted the benefit of bail under Section 483 of BNSS.

3. Per contra, learned Public Prosecutor vehemently opposes the submissions made by learned counsel for the accused- petitioner hereinabove and submits that there are two other criminal antecedents registered against the accused-petitioner.

4. Having regard to the totality of the facts and circumstances of the case and considering the arguments advanced by learned counsel for both the parties; that the charge-sheet has already been filed; that the accused-petitioner is in custody since 03.05.2026; that the main allegation is against accused- petitioner of using firearm but it is an admitted fact that no one has received injury; that co-accused Rajesh has been enlarged on bail vide order dated 20.05.2026 in S.B. Criminal Misc. Bail Application No.7692/2026 by Co-ordinate Bench of this Court and trial will take its own time. Hence, this Court without expressing any opinion on the merits/demerits of the case, deems it just and proper to enlarge the accused-petitioner on bail.

5. Therefore, the instant second bail application under Section 483 BNSS is accordingly, allowed and the accused-petitioner Naresh Kumar @ Ghana S/o Khemraj is ordered to be released 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 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.

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6. It is made clear that the accused-petitioner shall not involve in any offence(s) during currency of the bail and he shall mark his presence once in a month in the concerned police station.

7. In case of any breach of the aforementioned conditions, the learned Public Prosecutor shall be free to move the application against the accused-petitioner for cancellation of the bail before the concerned Court.

8. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner.

9. Office is directed to send a copy of this order to the concerned trial Court, Jail authorities and SHO through e-mail/fax, for necessary compliance. (SANGEETA SHARMA),J 23/HEENA