Bail may be granted when the charge-sheet has been submitted and the offence is triable by a magistrate, even if the prosecution alleges the accused is a habitual offender, provided the accused has been in custody for a significant period.

Order

11/05/2026

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.19/2026, registered at Police Station Govindgargh, District Alwar, for the offence(s) under Sections 305(a) of BNS.

2. It is contended by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. It is also contended that the charge-sheet against the accused-petitioner has already been submitted before the concerned court. The accused-petitioner is in custody since long and further trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed.

3. Per contra, learned Public Prosecutor has vehemently opposed the bail application. It is contended that the petitioner is a habitual offender and eight case were registered under various offences, therefore, considering the aforesaid facts, the bail application of the accused-petitioner may be dismissed.

4. Heard and perused the material available on record.

5. It is not desirable to express anything on the merits of the case. The offences alleged against the petitioner is triable by magistrate. The petitioner is in custody since long and the charge-sheet has already been submitted. Therefore, considering the aforesaid facts, this Court deems 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- Sakir S/o Akbar, in connection with FIR No.19/2026, registered at Police Station Govindgarh, District Alwar, 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 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.