[2025:RJ-JD:49735]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 13816/2025 Deepak S/o Chorulal Harijan, Aged About 55 Years, Harijan Basti Badi Guwad Bikaner Raj (At Present Lodged In Central Jail Bikaner)

----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Varun Arora For Respondent(s) : Mr. PS Panwar, PP HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

18/11/2025 The instant application for bail under Section 483 of BNSS (439 of Cr.P.C.) has been filed by the petitioner who has been arrested in the present matter. The requisite details of the matter are tabulated herein below:

Learned counsel for the petitioner submitted that the offences alleged to have been committed by the petitioner are triable by court of Magistrate. It is further submitted that there are allegation of theft upon the petitioner and the co-accused Mangilal. It is further submitted that the bail application of the petitioner was rejected by the learned trial Court as the petitioner had criminal antecedents. Learned counsel submitted that the petitioner is in custody since 23.07.2025 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 the petitioner is having 31 criminal antecedents and looking to this fact he may not be enlarged on bail.

In rejoinder to the above, learned counsel for the petitioner submits that but out of aforesaid 31 cases, 20 cases have already been disposed of and only 11 cases are pending against the petitioner.

Having heard and considered the rival submissions, facts and circumstances of the case as well as perused the material available on record; considering the fact that the petitioner is in custody since 23.07.2025, the offences alleged are triable by the Court of Magistrate and the trial will take sufficiently long time to conclude, 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 of Cr.P.C.) is allowed. It is ordered that the accused- petitioner as named in the cause title, arrested in connection with the above mentioned FIR, 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 and also file an affidavit for not repeating the similar offence in future.

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.

(MUKESH RAJPUROHIT),J

186-/Jitender//-