The court allows bail considering the nature of offences and custody duration, subject to conditions to prevent future offences.

Order

11/07/2025 The instant 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.228/2024, registered at Police Station Parbatsar, District – Deedwana-Kuchaman for the offences under Sections 331(4) & 305(a) of the BNS.

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

Learned counsel for the petitioner submitted that the offences alleged to have been committed by the petitioner are triable by court of Magistrate. He further submitted that similar nature of cases were pending against the petitioner so petitioner has been falsely implicated in the present case of theft. Learned counsel for the petitioner further submitted that the charge-sheet has already been filed and the petitioner is in judicial custody since 06.02.2025 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 and submitted that although the offences are triable by the Magistrate, but as per the criminal antecedents of the petitioner, the petitioner is having a number of cases of similar nature.

Having considered the rival submissions, facts and circumstances of the case and after perusal of the record; considering that the offences alleged to have been committed by the petitioner are triable by the Court of Magistrate and that the petitioner is in judicial custody since 06.02.2025, 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 Kalu @ Kalu Mogya S/o Deva Mogya, arrested in connection with F.I.R. No.228/2024, registered at Police Station Parbatsar, District – Deedwana-Kuchaman, 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.

Looking to the criminal antecedents of the petitioner and the nature of the cases registered against him and for not repeating the same kind of offences in future, the petitioner is directed to appear and make his presence before concerned SHO in the first week of every quarter of the year.

If the petitioner is found to be repeating the similar type of offence in the future, the learned Public Prosecutor will be free to initiate proceedings for cancellation of the bail.