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2026 Supreme(Online)(Raj) 15105

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
Praveer Bhatnagar, J
CHANDRAPAL @ C P SON OF SURESH KUMAR – Appellant
Versus
STATE OF RAJASTHAN – Respondent
S.B. Criminal Miscellaneous Bail Application No. 6569/2026



Advocates:
For the Appellants/Petitioners: K.K. Bhinda
For the Respondents: Shree Ram Dhakar

Bail may be granted to an accused who was declared absconded after failing to appear in court, provided the accused surrenders voluntarily and complies with the financial penalties associated with bond forfeiture.

Headnote:The application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.) seeking bail for an accused arrested in connection with FIR No. 332/2022 for offences punishable under Sections 457, 380, and 427 of the Indian Penal Code (IPC). The accused failed to mark his presence on 25.11.2025, resulting in the forfeiture of bail bonds and a declaration of abscondence on 20.02.2026. The accused subsequently surrendered voluntarily and deposited the amount imposed under Section 491 of B.N.S.S. The primary issue was whether the accused, having been declared absconded for approximately six months, should be granted bail upon voluntary surrender. The court observed that the petitioner surrendered on his own and expressed willingness to abide by the conditions imposed by the court. Accordingly, the bail application under Section 483 B.N.S.S. is allowed.

Table of Content
1. accused seeks bail after voluntary surrender following a period of abscondence and bond forfeiture. (Para 1 , 2 , 3)
2. court exercises discretion to grant bail based on the circumstances of voluntary surrender. (Para 4 , 5)
3. bail is granted subject to strict conditions including financial bonds and regular police reporting. (Para 6 , 7 , 8 , 9)

Order

1. The present bail application has been filed under Section 483 B.N.S.S.. The petitioner has been arrested in connection with FIR No.332/2022, Police Station Manpur, District Dausa for the offence punishable under Sections 457,380 and 427 of IPC.

2. It is argued by the counsel for the petitioner that inadvertently the petitioner could not mark his presence on 25.11.2025 and the trial court forfeited the bail bonds of petitioner and the petitioner was declared absconded on 20.02.2026. It is argued that the petitioner surrendered before the trial court on his own, thereafter he was sent to judicial custody. The absence of the petitioner during the trial is only about six months and petitioner has also deposited the amount imposed under Section 491 of B.N.S.S.. The Petitioner is ready and willing to abide with the conditions imposed by the court. Therefore, the benefit of bail may be granted to the accused-petitioner.

3. Learned Public Prosecutor has vehemently opposed the bail application.

4. Heard and perused the material available on record.

5. Considering the arguments advanced by the counsel for the petitioner and looking to the facts and circumstances of the case, without commenting on the merits of the case, this Court deems it just and proper to release the petitioner on bail.

6. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner, Chandra-pal @ C P Son Of Suresh Kumar, shall be enlarged on bail in FIR No.332/2022, Police Station Manpur, District Dausa provided he furnishes a personal bond in the sum of Rs.2,00,000/- with two sureties of Rs.1,00,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing 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 S.H.O. before releasing the accused-petitioner on bail.

7. The accused-petitioner is also directed to mark his presence on 25th of every month before the concerned Police Station till conclusion of the trial. 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 every month without any delay.

8. The accused-petitioner is directed to submit his present address along with his mobile number to the concerned S.H.O. within 7 days from his release and the concerned S.H.O. 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 S.H.O. and also before the concerned learned trial Court. In case of any breach of 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.

9. A copy of this order shall be sent to the concerned S.H.O. for its strict compliance.

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