Bail may be granted when there is insufficient evidence against the accused, especially if co-accused have been released on bail.

Order :

1. The instant bail application has been filed under Section 483 of Bhartiya Nagrik Suraksha Sanhita on behalf of accused- petitioner. The accused-petitioner has been arrested in connection with FIR No.02/2023, registered at Police Station Sakada, District Jaisalmer for the offence(s) under Sections 5/25 Arms Act.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is argued that the allegations of dacoity and committing theft are against the other co-accused Shrawan Singh, Rawal Singh and Anil Kumar, who have already been enlarged on bail by the trial Court. The accused-petitioner was involved in the commission of robbery/dacoity. It is alleged against the accused-petitioner that he supplied firearms to the main accused, there is no substantive evidence available on record to the fact that the accused- petitioner supplied firearms to the main accused. The accused- petitioner is in custody since 08.01.2025 and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

3. Learned Public Prosecutor vehemently opposes the grant of bail application. It is contended that the accused-petitioner is habitual offender and against him 19 cases under the various act have been registered, therefore, considering the criminal antecedents of the accused-petitioner, the bail application of the accused-petitioner may be dismissed.

4. Heard and perused material available on the record.

5. The main allegations of committing robbery are against the other co-accused, who have already been enlarged on bail by the trial Court and by this Court and apart from the disclosure statements of the other co-accused, there is no substantive evidence available on the record that the accused-petitioner supplied firearms to the main accused, 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 of BNSS is allowed and it is ordered that the accused-petitioner-Vijay Pal S/o Sri Jagdish, in connection with FIR No.02/2023, registered at Police Station Sakada, District Jaisalmer, 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 as and when called upon to do so.