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2025 Supreme(Online)(Raj) 13702
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mukesh Rajpurohit, J
Kailash @ Kewalram S/o Fusa Ram – Appellant
Versus
State Of Rajasthan – Respondent
Criminal Miscellaneous Bail Application No. 6565/2025
For the Appellants/Petitioners: Mr. Surendra Singh Choudhary
For the Respondents: Mr. Hanuman Prajapati, PP
Bail granted based on completed investigation and prior custody despite criminal antecedents.
Headnote:This application for bail was filed under Section 483 of BNSS (439 Cr.P.C.) concerning F.I.R. No.97/2025 for offences under Section 303(2) of the BNS. The petitioner had prior bail granted in a previous case. The court noted the completion of the investigation and granted bail without assessing merits. The main issues framed revolved around the appropriateness of granting bail considering the petitioner's history and the nature of pending cases. The court reasoned that despite the petitioner's antecedents, he had already been in custody, and therefore, bail was granted on specific conditions. The final order allowed bail on providing specified bonds and marking attendance quarterly.
Order
17/07/2025 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.97/2025 registered at Police Station Lohawat, District Phalodi, for offences under Sections 303(2) of the BNS.
Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that the bail application was earlier rejected by the trial Court on the ground that there are other cases of similar nature pending against the petitioner. Learned counsel further submits that all the cases pending against the petitioner are triable by Court of Magistrate. Learned counsel submits that the petitioner has already been enlarged on bail by a Co-ordinate Bench of this Court vide its order dated 03.12.2021 passed in S.B. Criminal Misc. Bail Application No.11137/2021 on the ground that the petitioner was facing trial for the offence under Section 307 of the IPC and in that case the petitioner remained in judicial custody for more than 9 years. Learned counsel further submits that the investigation in the present case is complete and charge sheet has been filed by the Investigating Officer. Learned counsel submits that the case pending against the petitioner is old one and except for one case registered in 2024, there are no recent allegations. Learned counsel submits that the petitioner is in judicial custody since 18.05.2025 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 opposed the bail application and submitted that one criminal antecedents is recorded against the petitioner, therefore, the benefit of bail may not be granted to the petitioner.
Having considered the rival submissions, facts and circumstances of the case, considering that fact that all the cases pending against 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 Kailash @ Kewalram S/o Fusa Ram, arrested in connection with F.I.R. No.97/2025 registered at Police Station Lohawat, District Phalodi, 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.
However, looking to the previous criminal antecedents, the petitioner is directed to mark his presence on first week of every quarter of the year before the concerned SHO.
