Bail may be granted when the investigation is complete, the trial is likely to be protracted, and the accused has been in custody for a significant period, provided the court is satisfied that the accused will cooperate with the trial and not interfere with the judicial process.

ORDER :

1. The present 3rd bail application under Section 483 of BNSS is filed by the applicant-accused Jeetram @ Jitendra S/o Shambhudayal seeking bail in respect of a criminal case registered as FIR No.187/2024 dated 14.06.2024 registered at P.S. Todabhim District - Gangapur City, for the offence under Sections 143, 323, 341, 365, 384, 342 and 392 of IPC.

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required during trial. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with trial, which will take time.

3. Learned counsel for the petitioner submits that after dismissal of second bail application, statements of five witnesses were recorded by the trial court. He further submits that evidence recorded so far does not indicate involvement of present petitioner in tampering the vehicle. He further submits that as per record, total five criminal cases were registered against the petitioner, out of which three are for smaller offences and fourth one has already been disposed. He further submits that the complainant has registered a different case whereas the police has converted case to some other offence which was not alleged by the complainant. He also referred period of custody and submits that the petitioner accused is in custody for approximately one year.

4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature.

5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

6. First bail of the present petitioner was dismissed on 11.09.2025, whereas second on 18.11.2025. Till date, five witnesses were recorded by the prosecution and we have considered the statement of PW1 Shyam Singh, PW4 Shailendra and PW5 Mahesh Gurjar as referred by the learned counsel for the petitioner. Two witnesses, PW2 Rahul and PW3 Charan Singh have turned hostile and not supported the case of prosecution. The material on record indicate that the petitioner accused is in custody since his arrest on 20.08.2025, and the case is tried by learned ACJM.

7. 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 applicant-accused.

8. Thus, the instant 3rd bail application filed on behalf of applicant-accused Jeetram @ Jitendra S/o Shambhudayal, is hereby allowed and the applicant- accused is ordered to be released on bail upon furnishing a personal bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

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

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

(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.

(iv) In case of any violation of above conditions,