(1.) The instant bail application has been filed under Sec. 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.1060/2024 registered at Police Station Kardhani, District Jaipur (West) for the offence(s) under Ss. 109(1), 111(3), 308(2), 309(4) and 3(5) of BNS and Ss. 3/25(6) of Arms Act.
(2.) Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the main allegation of causing death of the deceased Prateek Singh @ Monu Banna is against other co- accused Jai Singh, Deependra Singh and Udai Singh. It is alleged against the present accused-petitioner that he was also a member of the gang who extorted money from the persons and also supplied the motorcycle to the other co-accused for fleeing away after committing the said offence. It is also contended that the FIR was lodged by the petitioner himself. The accused-petitioner was friend of the deceased and co-accused Jai Singh. There is no evidence to the fact that the accused- petitioner was involved with the other co-accused in threatening and demanding money from the other persons. The accused-petitioner is in custody since 4/10/2024, there are no criminal antecedents against the accused-petitioner 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 submitted the factual report. It is contended that the accused-petitioner supplied his motorcycle to the other co- accused for fleeing away from the place of occurrence after commission of the offence. The other co-accused Jai Singh, Deependra Singh and Udai Singh after causing mischief in the restaurant caused gun shot injury to deceased Prateek Singh resulting into his death. Therefore, considering the specific role of the accused-petitioner, the bail application of the accused-petitioner may be dismissed.