HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
SUNIL BENIWAL
SHANKAR SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 15380 / 2025
[2026:RJ-JD:8506]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15380/2025 Shankar Singh Grandson/o Late Parwat Singh, Aged About 34 Years, R/o Patpada, Police Station Susner,district Agaarmalwa, (Mp) (Lodged In District Jail, Sirohi)
----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Bhagirath Ray Bishnoi For Respondent(s) : Mr. Hanuman Prajapat, PP HON'BLE MR. JUSTICE SUNIL BENIWAL
Order
16/02/2026
1. This application for bail has been filed by the petitioner under Section 483 of BNSS (old Section 439 of Cr.P.C.) in connection with FIR No. 149/2025 dated 08.10.2025, Police Station Mandar, Sirohi, for the offences under Sections 3/25 of the Arms Act, 1959. After investigation, offences under Section 5(1)(4), 8 and
29 of the Arms Act, 1959, were added.
2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case and false allegations have been levelled against him. The co-accused Sher Mohammad, Salim and Gafur have already been enlarged on bail by this Court vide orders dated 10.12.2025 passed in S.B. Criminal Miscellaneous Bail Applications Nos.14327/2025, 14324/2025 and 14325/2025 respectively. Co-accused Rameshwar has also been enlarged on bail vide order dated 02.02.2026 passed in S.B. Criminal Miscellaneous Bail Application No.1183/2026. The role assigned to co-accused persons is not distinguishable from the role assigned to the present petitioner in the present crime. The offences alleged against the present petitioner are triable by Magistrate and no recovery is to be made from the present petitioner. The petitioner is in judicial custody since 02.11.2025 and the trial will take sufficiently long time, therefore, he deserves to be enlarged on bail.
3. Learned Public Prosecutor vehemently opposes this bail application and submits that the petitioner was connected in the present crime based on the CDR report. However, he is not in a position to refute the submission that the role assigned to co- accused persons, who have been enlarged on bail, is not distinguishable from the role assigned to the present petitioner in the present crime.
4. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record.
5. Having considered the rival submissions, facts and circumstances of this case and after perusing the challan so also the fact that co-accused namely Sher Mohammad, Salim, Gafur and Rameshwar have already been enlarged on bail by this Court; the role assigned to co-accused persons is not distinguishable from the role assigned to the present petitioner in the present crime; the offences alleged against the present petitioner are triable by Magistrate and no recovery is to be made from the present petitioner, in the considered opinion of this Court, no fruitful purpose would be served by keeping the petitioner behind the bars for an indefinite period as the trial will take sufficiently long time. Thus, without expressing any opinion on merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
6. Accordingly, the bail application filed under Section 483 of BNSS is allowed. It is ordered that petitioner- Shankar Singh S/ o Late Parwat Singh, shall be released on bail in connection with the aforesaid FIR; provided he executes personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial Court for his 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. It is however, made clear that findings recorded/observations made above are for limited purposes of adjudication of bail application. The trial court shall not get prejudiced by the same.
(SUNIL BENIWAL),J
18-ajayS/-
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