The court recognizes the validity of bail applications based on compromises between parties, considering potential delays in trial.

Order

21/05/2025

1. The present bail application has been filed under Section 483 of B.N.S.S on behalf of the petitioner, who is in custody in connection with F.I.R. No.63/2025 dated 30.03.2025, registered at Police Station Pallu, District Hanumangarh, for the offence under Section 108 BNS.

2. Learned counsel for the petitioner submits that parties have entered into compromise on 05.05.2025, copy whereof is also placed on record. He further submits that in similar offences wherein a compromise was entered between the parties, a Co-ordinate Bench of this Court in the case of Khet Singh Vs. State of Rajasthan (SBCRLMB No.13661/2021) has granted bail to the accused therein and thus, the petitioner may be enlarged on bail.

3. Learned counsel for the complainant submits that the parties have arrived at a compromise and the complainant does not have any objection if the petitioner be enlarged on bail.

4. Per contra, learned Public Prosecutor opposes the bail application, however, is not in a position to refute that the compromise have arrived between the parties.

5. The order dated 09.11.2021 passed by the Co-ordinate Bench of this Court in the case of Khet Singh (supra) as cited by learned counsel for the petitioner is reproduced herein below:-

“The petitioner has been arrested in connection with FIR No.168/2021 of Police Station Rajiv Gandhi Nagar, Jodhpur for the offences punishable under Section 306 IPC. He has preferred this bail application under Section 439 Cr.PC.

Counsel for the petitioner submits that the compromise has arrived between the parties. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

Learned Public Prosecutor vehemently opposed the bail application.

Counsel for the complainant concur the fact of compromise.

Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Khet Singh S/o Shri Kan Singh shall be released on bail in connection with FIR No.168/2021 of Police Station Rajiv Gandhi Nagar, Jodhpur provided he executes a personal bond in a sum of Rs.1,00,000/ with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.”

6. Having regard to the entirety of facts and circumstances of the case as available on record and looking to the fact that the trial will consume time, thus, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.

7. Accordingly, the bail application filed under Section 483 of BNSS is allowed and it is ordered that the accused-petitioner Kamlesh S/o Pawan Singh, arrested in relation F.I.R. No.63/2025 dated 30.03.2025, registered at Police Station Pallu, District Hanumangarh, shall be enlarged on bail provided he furnishes a personal bond in 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.