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2025 Supreme(Online)(Raj) 11694

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
BIPIN GUPTA, J
Raghuveer Singh @ Rughsa – Appellant
Versus
State Of Rajasthan – Respondent
Criminal Miscellaneous Bail Application No. 12365/2025



Advocates:
For the Appellants/Petitioners: Mr. Birbal Ram Bishnoi
For the Respondents: Mr. Surendra Bishnoi, P.P., Mr. Om Prakash Choudhary

The court grants bail based on the principle of parity, considering co-accused released on bail.

Headnote:This judgment analyzes the bail application filed under Section 483 BNSS, 2023, against a prior order of the Sessions Judge denying bail in relation to FIR No. 79/2025 involving multiple offenses, including those under the Arms Act. The court finds sufficient grounds regarding the petitioners' claim for bail due to the co-accused being released. The primary legal issues include the assessment of bail conditions, the progress of the trial, and the merits of the case not being assessed at this stage. The bail application is consequently granted with specific conditions for release.

Table of Content
1. bail application details and charges. (Para 1 , 2)
2. argument for bail based on co-accused status. (Para 3 , 4)
3. court's consideration and final ruling. (Para 5)
4. conditions attached to the bail granted. (Para 6)

Order

Reserved on : 09/10/2025 Pronounced on : 13/10/2025

1. The present bail application has been filed under Section 483 BNS S, 2023 against the order dated 08.09.2025 passed by learned Sessions Judge, Jodhpur District passed in Criminal Misc. Bail Application No.358/2025 whereby the bail application of the petitioners was rejected in connection with F.I.R. No. 79/2025, Police Station Asop, District Jodhpur for the offences under Sections 3 /25 of Arms Act , 1959, 109(1) of BNS and 3 of PDPP Act .

2. Learned counsel for the petitioners submits that the charge- sheet against the petitioners have already been filed. The three accused i.e. the present two petitioners and one Dayal Jakhar were made accused for the offences under Sections 8 /22 of NDPS Act , Section 3 /25 of Arms Act , Section 109(1) of BNS and Section 3 of PDPP Act , however against Dhan Singh, the charge-sheet has been filed for the all above offences except for offence under Section 3 /25 of the Arms Act . He further contends that the learned trial court itself discharged the accused petitioners from the charges of Section 8 /22 of the NDPS Act vide its order dated

08.09.2025.

3. Learned counsel further submits that the co-accused Dayal Jakhar has been enlarged on bail by a Co-ordinate Bench of this Court vide order dated 25.09.2025 passed in S.B. Criminal Misc. Bail Application No.9617/2025. It is further contended by the petitioners that the case of the present petitioners is on no lesser footing than that of the above named co-accused who have already been enlarged on bail. The conclusion of trial will take sufficiently long time, therefore, it is prayed that the petitioners may be enlarged on bail.

3. The learned Public Prosecutor opposed the bail, however, he was not in a position to refute the above facts.

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

5. Having considered the rival submissions, facts and circumstances of the case, without expressing any opinion on the merits of the case and upon a consideration of the arguments advanced, this Court is of the opinion that the bail application filed by the petitioners deserves to be accepted.

6. Consequently, the bail application is allowed. It is ordered that the accused-petitioners (1) Raghuveer Singh @ Rughsa S/ o Vijay Singh and (2) Dhan Singh S/o Shrawan Singh arrested in connection with F.I.R. No. 79/2025, Police Station Asop, District Jodhpur, shall be released on bail; provided each of them furnishes a personal bond of Rs.50,000/- (Rupees: Fifty Thousand Only) with two sureties of Rs.25,000/- (Rupees : Twenty Five Thousand Only) each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so till the completion of the trial and with additional following conditions:

(i) The petitioners will not leave country without the permission of the Court;

(ii) The petitioners shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected; and (iii) The petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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