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2026 Supreme(Online)(Raj) 13309

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR


S.B. Criminal Miscellaneous Bail Application No. 5241/2026


1. Sunil S/o Banna Lal, Aged About 35 Years, R/o Barkheda, P.s. Kukdeshwar, District Nimach, (Madhya Pradesh) (Presently Lodged At Sub Jail, Balesar)

2. Karu Lal S/o Shri Gyan Singh, Aged About 35 Years, R/o Barkheda, P.s. Kukdeshwar, District Nimach, (Madhya Pradesh) (Presently Lodged At Sub Jail, Balesar)

----Petitioners

Versus

State Of Rajasthan, Through PP

----Respondent


For Petitioner(s) : Mr. Jaswant Singh Bhati

For Respondent(s) : Mr. Hanuman Prajapati, PP


HON'BLE MR. JUSTICE MANEESH SHARMA


28/04/2026

Order

1. The present bail application has been preferred under Section 483 of B.N.S.S., 2023, on behalf of the petitioners. The requisite details of the matter are tabulated herein below:

S.No. Particulars of the Case
1. FIR Number 231/2025
2. Concerned Police Station Shergarh
3. District Jodhpur Rural
4. Offences alleged in the FIR Under Sections 331(4) and 305 (a) of BNS, 2023.

2. Learned counsel for the petitioners submits that they have been falsely implicated in the present case and have not been named in the FIR. He further submits that the co-accused- Shishu Pal has already been enlarged on bail by the this Court vide order dated 10.04.2026 in CRLMB No. 3259/2026, and the case of the present petitioners stands on a better footing. He further submits that the offence(s) alleged in the FIR are exclusively triable by Magistrate, the charge-sheet has already been filed in the matter, the petitioners is behind the bars since 10.02.2026 and the trial of the case may take considerable time; he therefore prays, that the present bail application of the petitioners may kindly be allowed and the petitioner may kindly be enlarged on bail.

3. Per contra, learned Public Prosecutor vehemently opposes the bail application and submits that the benefit of bail may not be granted to the petitioners.

4. Heard learned counsel for the parties and perused the material available on record.

5. Considering the facts of the case more particularly that the co-accused-Shishu Pal has already been enlarged on bail by this Court and the case of the petitioners stands on a better footing; the alleged offence (s) are triable by Magistrate; the charge-sheet has already been filed in the matter; the petitioners is in judicial custody since 10.02.2026; and that the trial of the case will take considerable time, thus, without commenting anything on the merits of the case, I deem it just and proper to enlarge the petitioners on bail in the present matter.

6. Accordingly, this bail application filed under Section 483 B.N.S.S., 2023 is allowed and it is ordered that the accused- Sunil S/o Banna Lal, and Karu Lal S/o Shri Gyan Singh, shall be enlarged on bail provided they 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 Court for their appearance before the court concerned on all the dates of hearing and as and when called upon to do so.

7. Further the accused-petitioners shall not involve in any criminal activity or in any other offence of a similar nature during currency of the present bail and they shall mark their presence in first week of every second month in the concerned Police Station.

8. Concerned SHO shall record the presence of the petitioners in a separate register. In case the petitioners fail to mark their presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard.

9. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the Trial Court to cancel the bail granted to them by this Court.

10. The petitioners shall also not tamper with any evidence nor would he directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or any police officer.

11. It is made it clear that the observations made hereinabove are only for deciding the present bail application without commenting on the merits/de-merits of the case, and shall not influence the trial of the case in any manner.

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