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2025 Supreme(Online)(Raj) 11990
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
CHANDRA SHEKHAR SHARMA, J
Gaganpreet Singh @ Gagan Man – Appellant
Versus
State Of Rajasthan – Respondent
Criminal Miscellaneous Bail Application No. 10003/2025|Criminal Miscellaneous Bail Application No. 10004/2025
For the Appellants/Petitioners: Mr. Ratish Bhatnagar
For the Respondents: Mr. U. R. Kalbi, PP, Mr. Pritam Solanki
A court may grant bail in cases where prolonged detention is unwarranted, and similar co-accused have received bail, highlighting the principle of fairness in pre-trial detention.
Headnote:Statute Analysis: The bail applications are filed under Section 483 of BNSS (Old Section 439 Cr.P.C.) regarding FIR No.217/2025 for offences under Sections 109(1), 115(2), 117(2), 126(2), 191(2) & 190 of BNS. Facts: Petitioner-Gurpreet Singh @ Gora Gil seeks liberty to file a fresh application after the charge-sheet, while petitioners Gaganpreet Singh and Vishwajeet are arguing for bail due to being falsely implicated and prolonged judicial custody.
Findings of Court:
The court deemed it just to grant bail, considering their prolonged detention.
Issues: The court considered the facts and circumstances of the case while determining the bail application.
Ratio Decidendi: The court highlighted that the accused-petitioners have been in custody for a long period, and prior co-accused have been granted bail, justifying the bail grant.
Result: The bail applications filed under Section 483 of BNSS are allowed, directing the petitioners to execute personal bonds for their appearance.
| Table of Content |
|---|
| 1. bail applications filed under relevant sections. (Para 1 , 2) |
| 2. arguments highlighting false implications and extended custody. (Para 3 , 4) |
| 3. court's reasoning for granting bail. (Para 5) |
| 4. court's order allowing bail under specific conditions. (Para 6) |
| 5. disposition of the bail application as not pressed. (Para 7) |
Order
23/09/2025 The present bail applications have been preferred by the petitioners under Section 483 of BNS S (Old Section 439 Cr.P.C.) in connection with FIR No.217/2025 registered at Police Station Anupgarh, District Sriganganagar for the offences punishable under Sections 109(1), 115(2), 117(2), 126(2), 191(2) & 190 of BNS .
2. At the outset learned counsel for the petitioner does not want to press the present bail application for petitioner-Gurpreet Singh @ Gora Gil S/o Gurjeet Singh, however seeks liberty to file fresh after filing of charge-sheet.
3. Arguing the bail applications for the petitioners Gaganpreet Singh @ Gagan Man S/o Kulwant Singh and Vishwajeet S/o Satveer learned counsel for the petitioner submits that the petitioners have falsely been implicated in this case. It is submitted that co-accused Ramandeep Singh, Hardev Singh and Raghuveer Singh @ Teji have already been enlarged on bail vide orders dated 30.07.2025 and 23.06.2025. The accused-petitioners are in judicial custody since long and the trial of the case will take long time. Therefore, it is prayed that the accused-petitioners may be enlarged on bail.
4. Learned Public Prosecutor as well as learned counsel for the complainant have vehemently opposed the bail application.
5. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 483 of BNSS (Old Section 439 Cr.P.C.)
6. Accordingly, the bail applications filed under Section 483 of BNSS (Old Section 439 Cr.P.C.) are allowed and it is directed that petitioners (1) Gaganpreet Singh @ Gagan Man S/o Kulwant Singh, (2) Vishwajeet S/o Satveer shall be released on bail in connection with FIR No.217/2025 registered at Police Station Anupgarh, District Sriganganagar provided they executes personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial Court for their appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
7. With the liberty aforementioned, the present bail application for the petitioner-Gurpreet Singh @ Gora Gil S/o Gurjeet Singh is disposed of as not pressed.
