HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12805/2025 Bhagwati S/o Vishram, R/o Mohalla Chowk, Town Ba- sainawab, Police Station Kolari, District Dholpur. (Presently Confined At District Jail Dholpur)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ankur Singh Tomar For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND

Order

16/10/2025

1. This bail application under Section 483 BNSS has been filed by the petitioner in connection with FIR No.244/2025, registered at Police Station Koalari, District Dholpur wherein he is charged for offences punishable under Sections 112(2) of BNS and 13 of the Rajasthan Public Gambling Ordinance, 1949.

2. Learned counsel for the petitioner submits that the alleged offence of gambling is triable by Magistrate and the petitioner is in custody since 15.11.2024 and co-accused person has already been granted bail by the Trial Court. Counsel submits that the reason for rejecting the bail application of the petitioner is that five other cases have been registered against him. Counsel submits that out above-said five cases, two criminal cases have been decided on the basis of confession by imposing fine upon the petitioner. Counsel submits that the pe-

titioner is in custody since the date of arrest and trial will take its own time to conclude, therefore indulgence of bail be granted to the petitioner.

3. Per contra, learned Public Prosecutor opposed the bail application and submitted that the petitioner is a habitual offender, against whom five cases of similar nature have been registered, hence, he is not entitled to get indulgence of bail.

4. Considering the arguments put forward by the learned counsel for the petitioner and looking to the fact that the alleged offence is triable by Magistrate and the petitioner is in custody since 15.11.2024 and co-accused person has already been granted bail by the Trial Court and trial will take its own time to conclude and without expressing any opinion on merits and demerits of the case, I deem it just and appropriate to grant indulgence of bail to the petitioner under Section 483 BNSS.

5. Accordingly, this bail application under Section 483 BNSS is allowed and it is ordered that accused-petitioner Bhagwati S/o Vishram arrested in connection with aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of learned trial Court with the stipula- tion to appear before that Court on all dates of hearing and as and when called upon to do so.

6. However, in case the petitioner is found involved in committing and repeating the same offence in future, the Public Prosecutor/Investigating Officer would be at liberty to move application for cancellation of bail before the jurisdictional Court.

(ANOOP KUMAR DHAND),J KuD/235 Powerd by TCPDF (w.tcpdf.org)