2025 Supreme(Online)(Raj) 13417
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MUKESH RAJPUROHIT
MANGILAL ALIAS RAKESH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 14699 / 2025
[2025:RJ-JD:52092]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 14699/2025 Mangilal Alias Rakesh S/o Brijlal Sharma, Aged About 35 Years, Ward No No 9 Gusainsar Bada Sridungargarh Bikaner Raj (At Present Lodged In Central Jail Bikaner)
----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Vijay Mr. Varun Arora.
For Respondent(s) : Mr. Surendra Bishnoi, PP.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
03/12/2025 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:
S. No. Particulars of the case
1. FIR Number 185/2025
2. Police Station Sadar Bikaner
3. District Bikaner
4. Offences alleged in the FIR Under Section 303(2)
of the BNS.
5. Offences added, if any -
Learned counsel for the petitioner submitted that the offences alleged against the petitioner are triable by the Court of Magistrate. He further submitted that the petitioner has been in judicial custody since 01.08.2025; the stolen vehicle has already been recovered; and the trial is likely to take a sufficiently long time, therefore, the benefit of bail may be granted to the accused-
petitioner.
Per contra, learned Public Prosecutor opposed the bail application and submitted that the petitioner has more than 40 previous criminal antecedents and he is a habitual offender. Therefore, the benefit of bail may not be granted to 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 offences alleged are triable by the Court of Magistrate, the petitioner is in custody since 01.08.2025, 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
166-/Jitender//-