The court is justified in granting bail based on the duration of custody and the nature of charges, particularly when allegations are triable by a Magistrate.

Order

01/07/2025 S. B. Criminal Miscellaneous Bail Application No.6174/2025 : 1. This bail application has been filed by the petitioner under Section 483 BNSS , who is in custody in connection with the FIR No.46/2025 dated 16.03.2025, registered at the Police Station Bidasar, District Churu, for the offences under Sections 331(4), 305(ए) and 112 of BNS.

2. The allegation levelled against the petitioner is of trespassing the dwelling house of the complainant and committing theft of gold and silver jewellery.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that the offences alleged against the petitioner are exclusively triable by the Court of Magistrate. He submits that the petitioner is behind the bars since more than 2 months and thus, the petitioner deserves 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 the offences alleged against the petitioner are triable by the Court of Magistrate.

5. Having considered the submissions advanced by the 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 offences alleged against the petitioner are triable by the Court of Magistrate; and the fact that the trial will 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 petitioner on bail.

6. Consequently, the bail application is allowed. It is ordered that the accused petitioner Shahrukh Khan S/o Salim Khan arrested in connection with FIR No.46/2025 dated 16.03.2025, registered at the Police Station Bidasar, District Churu, shall be released on bail; provided he 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.

S B Criminal Miscellaneous Bail Application No.6167/2025 :

1. This bail application has been filed by the petitioner under Section 483 BNSS , who is in custody in connection with the FIR No.45/2025 dated 16.03.2025, registered at the Police Station Bidasar, District Churu, for the offences under Sections 331(4) and

305(ए) of BNS.

2. The allegation levelled against the petitioner is of trespassing the dwelling house of the complainant and committing theft of some amount in cash and other household items.

3. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that the offences alleged against the petitioner are exclusively triable by the Court of Magistrate. He submits that the petitioner is behind the bars since more than 2 months and thus, the petitioner deserves 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 the offences alleged against the petitioner are triable by the Court of Magistrate.

5. Having considered the submissions advanced by the 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 offences alleged against the petitioner are triable by the Court of Magistrate; and the fact that the trial will 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 petitioner on bail.

6. Consequently, the bail application is allowed. It is ordered that the acc