Court favors bail due to lack of serious involvement, absence of criminal history, and similarities with co-accused granted bail.

Order

23/07/2025

1. These bail applications have been filed by the petitioners under Section 483 BNS S who have been arrested in connection with the FIR No.421/2024 dated 26.12.2024 registered at the Police Station Asind District Bhilwara for the offences under Sections 127(2), 140(3), 310(2) and 317(3) of BNS and Sections and 3/25 and 8/25 of the Arms Act .

2. The allegation levelled against the petitioners are that the petitioners by forming an unlawful assembly hatched a criminal conspiracy with an intent to kidnap the complainant and commit dacoity of about 7-8 kgms silver ornaments, 80 gms. gold ornaments and some amount in cash.

3. Learned counsel for the petitioners jointly submit that the substratum of allegations, which have been levelled against the petitioners in the FIR, are completely false and fabricated. They submit that the charge-sheet has been filed against the petitioners and role of the petitioners is only to the extent of doing recce before commission of the above-said offence. They also submit that no recovery is due against the petitioners. They submit that petitioner-Narayan is in custody since 30.04.2025 and the petitioners-Chetan Sargra and Vikash @ Prakash Chandra Regar are in custody since 06.01.2025. They also submit that the co- accused viz. Govind, Lavlesh Soni @ Lucky, Bhavesh and Tarun Urf Kanha have been enlarged on bail by the Coordinate Benches of this Court vide orders dated 18.02.2025 (connected bail applications led by SBCRLMB No.21923/2025) and 24.06.2025 (SBCRLMB No.7396/2025). They also submit that the case of the present petitioners is similar to the case of the co-accused Bhavesh, who has been enlarged on bail. They also submit that the petitioners have no previous criminal antecedents and thus, the present petitioners also deserve to be released on bail.

4. Per contra, learned Public Prosecutor opposes the bail application, however, is not in a position to refute the fact that that the charge-sheet has been filed against the petitioners and the role assigned to the petitioners is to the extent of doing recce before commission of the above-said offence; the fact that there is no recovery due against petitioners and the petitioners have no previous criminal antecedents, the fact that the case of the present petitioners is similar to the case of the co-accused Bhavesh, who has been enlarged on bail and the fact that the co- accused viz. Govind, Lavlesh Soni @ Lucky, Bhavesh and Tarun Urf Kanha have been enlarged on bail by the Coordinate Benches of this Court.

5. Having considered the submissions advanced at Bar by learned counsel for the parties and having regard to the entirety of facts and circumstances of the case as available on record; and looking to the fact that trial may take a long time to conclude and, without expressing any opinion on the merits/demerits of the case, this Court deems it fit to enlarge the petitioners on bail.

6. Consequently, these bail applications are allowed. It is ordered that the accused petitioners viz. (i) Narayan Lal S/o Rupa, (ii) Chetan Sargra S/o Satya Narayan Sargra and (iii) Vikash @ Prakash Chandra Regar S/o Shri Nanuram Regar arrested in connection with FIR No.421/2024 dated 26.12.2024 registered at the Police Station Asind District Bhilwara shall be released on bail; provided each of them furnishes a personal bond in the sum of Rs.50,000/- and two sureties of Rs.25,000/- each to the satisfaction of the learned trial Court, with a stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.