Court grants bail due to lack of evidence and prior ruling allowing co-accused bail.

Order

13/06/2025

1. The accused-petitioners have filed these three bail applications under Section 483 B.N.S.S. arising out of F.I.R. No.49/2025 registered with the Police Station Raja Khera, District Dholpur for offence under Sections 189(2), 109(1), 121(1), 132, 303(2), 281, 125(a) of B.N.S., 2023 and Sections 29 & 51 of the Rajasthan Wildlife (Protection) Act, 1972 and Sections 41 & 42 of the Rajasthan Forest Act, 1953 .

2. Learned counsels for the accused-petitioners submit that the accused-petitioners Premsingh & Vinod Gurjar @ Karua have not been named in the First Information Report. Learned counsels further submit that there is no specif overt act against the accused-petitioner Satypal @ Satto in the F.I.R. Learned counsels also submit that one of the co-accused- Ramraj Singh S/o Ramesh Chand, whose name does not find in the F.I.R., has already been enlarged on bail by the Co-ordinate Bench of this Court vide its order dated 27.03.2025 passed in S.B. Criminal Misc. Bail Application No.4009/2025. Learned counsel further submits that the accused-petitioners are in custody since last more than one and a half month and trial of the case is likely to take considerable time to conclude, therefore, the accused-petitioners may be enlarged on bail.

3. Learned Public Prosecutor has vehemently opposed the submissions made by learned counsels for the accused-

petitioners.

4. Considered the submissions made at bar so also perused the material made available on record.

5. Having regard to the submissions made by learned counsels for the accused-petitioners, so also the fact that co-accused- Ramraj Singh has already been enlarged on bail by the Co- ordinate Bench of this Court; the fact that accused-petitioners Premsingh and Vinod Gurjar @ Karua have not been named in the F.I.R.; there is no specific overt act against the accused-petitioner Satypal @ Satto and they are in custody since last more than one and a half month, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the accused-petitioners on bail.

6. Accordingly, these three bail applications are allowed and it is directed that accused-petitioners shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that they shall appear before that Court or any other Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.