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2026 Supreme(Online)(Raj) 7369

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Praveer Bhatnagar, J
RAGHUNATH RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
S.B. Criminal Miscellaneous Bail Application No. 15338/2025



Advocates:
For the Appellants/Petitioners: Shahbaz Khan
For the Respondents: Urja Ram Kalbi

Bail may be granted when the offence is triable by a Magistrate, the accused has been in custody for a significant period, and parity exists with a co-accused already released on bail.

Headnote:The application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in connection with FIR No. 105/2024 for offences under Sections 420, 467, 468, 471, 406, 201, and 120B of the Indian Penal Code (IPC). The accused was alleged to have procured a bank loan using forged documents. The court noted that the accused had been in custody since December 3, 2025, and the offences are exclusively triable by a Magistrate. The primary issue was whether the accused was entitled to bail given the allegations of forgery and the opposition by the prosecution regarding criminal antecedents. The court reasoned that since a co-accused had already been enlarged on bail and the trial was expected to take considerable time, the accused was entitled to relief on the grounds of parity and the nature of the triable court. Accordingly, the bail application under Section 483 BNSS is allowed.

Table of Content
1. application for bail in a case involving loan fraud and forgery. (Para 1 , 2 , 3)
2. grant of bail based on parity, duration of custody, and the nature of the triable court. (Para 4 , 5)
3. imposition of conditions for release on bail to ensure trial attendance. (Para 6 , 7 , 8 , 9)

Order

1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 105/2024 registered at Police Station Pokaran, District Jaisalmer for the offences under Sections 420, 467, 468, 471, 406, 201, 120B of IPC.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He also submits that the main co-accused Shiv Ram, who was the beneficiary for obtaining loan on the basis of forged documents, has already been enlarged on bail by the co-ordinate Bench of this Court on 24.11.2025. He further submits that the offences alleged against the accused-petitioner are exclusively triable by Magistrate. The accused-petitioner is in custody since 03.12.2025 and the trial/investigation of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

3. Learned Public Prosecutor has vehemently opposed the bail application and contended that he is a habitual offender and thirteen other similar nature of offences has been registered against the petitioner. He also alleged that the petitioner along with the other co-accused procured loan from the bank on the basis of the forged documents. He further submits that the petitioner is also involved in forging the documents, therefore, prays that the bail application of the accused-petitioner may be dismissed.

4. Heard and perused the material available on record.

5. Considering the fact that the offences alleged against the accused-petitioner are exclusively triable by Magistrate, the accused-petitioner is in custody since 03.12.2025, the other co-accused Shiv Ram has already been enlarged on bail and the trial/investigation of the case may take considerable time, there are no criminal antecedents against the accused-petitioner, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail.

6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Raghunath Ram S/o Bhikha Ram Meghwal, in connection with FIR No. 105/2024 registered at Police Station Pokaran, District Jaisalmer, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. The learned trial Judge shall also verify the address and the contact details of the surety through concerned SHO before releasing the accused-petitioner on bail.

7. The accused-petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station is directed to maintain a regular register marking the presence of the accused-petitioner and shall send the presence report of the accused-petitioner on the same day to the concerned Trial Court without any delay. In case of any breach to the aforementioned conditions, the learned Public Prosecutor shall be free to move the application against the accused-petitioner for cancellation of the bail before the concerned Court.

8. The accused-petitioner is also directed to submit his present address along with the mobile number to the concerned SHO within a period of 7 days from his release and the concerned SHO shall verify the said address and the mobile number. In case if the petitioner changes his address or mobile number, he shall submit the same before the concerned SH

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