The court grants bail considering the accused's prolonged custody and the release of co-accused, emphasizing the need for fairness in bail decisions.

Order :

1. The present bail application has been filed by the accused- petitioner under Section 483 of the B.N.S.S, 2023 against the order dated 27.01.2025 passed by learned Additional Sessions Judge No.1, Bandikui, District Dausa in connection with FIR No.5/2024, registered at Police Station Kolwa, District Dausa for the offences under Sections 420 and 406 of the IPC by which the bail application of the accused-petitioner under Section 439 of Cr.P.C has been dismissed.

2. Learned counsel for the accused-petitioner submitted that the accused-petitioner has falsely been implicated in this case. Learned counsel also submitted that the charges levelled against the accused-petitioner are triable by the Judicial Magistrate First Class and investigation has already been completed. Learned counsel further submitted that the present accused-petitioner has not been named in the impugned FIR.

3. Learned counsel for the accused-petitioner contended that the other co-accused persons namely Deepak and Sohan have already been granted benefit of bail vide order dated 16.01.2025 passed by this Court in S.B. Criminal Miscellaneous Bail Application No.52/2025 connected with S.B. Criminal Miscellaneous Bail Application No.634/2025 and also the other co- accused persons namely Kailash and Kamlesh have been granted benefit of bail vide order dated 05.06.2024 passed by this Court in S.B. Criminal Miscellaneous Bail Application No.6334/2024 and 6547/2024. Learned counsel also contended that the case of the present petitioner is on better footing than the other co-accused persons, who have already been granted benefit of bail by this Court.

4. Learned counsel for the accused-petitioner argued that the accused-petitioner was arrested on 30.12.2024 and since then, he is behind the bars and trial will take time to conclude, therefore, the accused-petitioner be granted benefit of bail.

5. Learned Public Prosecutor vehemently opposed this bail application.

6. Heard learned counsel for the parties and also perused the material available on record.

7. Having regard to the facts and circumstances of the case, and considering the fact that the other co-accused of this case have already been granted benefit of bail and trial will take time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the petitioner.

8. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-petitioner Nobat S/o Nancharam, arrested in FIR No.5/2024, registered at Police Station Kolwa, District Dausa shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent sureties of Rs.50,000/- to the satisfaction of the trial Court. Petitioner shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.