Accused eligible for bail under similar circumstances to principal accused; judicial discretion applied based on case specifics.

Order

16/06/2025 This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with F.I.R. No.424/2024 registered at Police Station Udaimandir, District Jodhpur for offences under Sections 420, 467, 468, 471 and 120-B of the IPC.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that as per the prosecution story, the complainant’s elder brother, Kishore Kumar is lawful owner of the plot No.23 situated in village Nandara Khurd having purchased it through a registered sale deed. During a visit to the plot, it was discovered that the plot had been fenced with wires and iron gate was installed alongwith a mobile number inscribed on the gate. Upon inquiry it was revealed that the said plot was purchased by Ramrakh Choudhary through an agreement with one Rajendra Singh. Neighbourhood inquires further disclosed that the present petitioner alongwith principle accused Dhirendra Dave and other co-accused conspired to fabricate a power of attorney on behalf of Suman Saxena (former owner of the land) to fraudulently sell the plot of land to one Rajendra Singh, who subsequently sold the land to one Ramrakh Choudhary. The offences alleged to have been committed by the petitioner are triable by court of Magistrate. Learned counsel for the petitioner further submitted that the principle accused Dhirendra Dave has been enlarged on bail by this Court vide order dated 22.04.2025 passed in S.B. Criminal Misc. Bail Application No.4075/2025. Learned counsel submitted that the petitioner is in judicial custody since 02.05.2025 and the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application stating that the present petitioner is habitual offender and criminal antecedents of similar nature are pending against the present petitioner.

Having considered the rival submissions, facts and circumstances of the case; considering the fact that the principle accused Dhirendra Dave has been enlarged on bail by this Court and the case of the present petitioner is not distinguishable from that of the principle accused and the fact that the offences alleged to have been committed by the petitioner are triable by court of Magistrate; without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the bail application under Section 483 of BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner Jakir Khan Sheikh S/o Sikandar Khan, arrested in connection with F.I.R. No.424/2024 registered at Police Station Udaimandir, District Jodhpur, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.50,000/- and two sureties of Rs.25,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.