Deepu vs State Of Rajasthan (2025:Rj-Jd:21456) on 5 May, 2025

Rajasthan High Court – Jodhpur

Deepu vs State Of Rajasthan (2025:Rj-Jd:21456) on 5 May, 2025

[2025:RJ-JD:21456]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
     S.B. Criminal Miscellaneous Bail Application No. 4416/2025

Kalu S/o Nanda, Aged About 21 Years, R/o 104, Jhuggi Jhopadi,
Ganesh Colony, Police Chowki Shakti Nagar, Gudgaon, Haryana,
At Present Residing At Tantodi, Police Station Sarana, District
Ajmer.
(Lodged In Central Jail, Udaipur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent
                              Connected With
     S.B. Criminal Miscellaneous Bail Application No. 4417/2025
1.   Deepu S/o Ramswaroop Bairwa, Aged About 26 Years, R/o
     Kanechan, Police Station Fuliya Kala, District Bhilwara.
2.   Leela Ram S/o Ganga Ram, Aged About 26 Years, R/o
     Kanechan, Police Station Faliya Kalla, Bhilwara
     (Lodged In Central Jail, Udaipur)
                                                                  ----Petitioners
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Ram Singh Rawal
For Respondent(s)         :     Mr. Sameer Pareek, PP


     HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI

Order

05/05/2025

These applications for bail under Section 483 of BNSS (439

Cr.P.C.) have been filed by the petitioners who have been arrested

in connection with F.I.R. No.96/2025 registered at Police Station

Savina, District Udaipur for offences under Sections 331(4),

305(A) of BNS.

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Heard learned counsel for the petitioners and learned Public

Prosecutor. Perused the material available on record.

Learned counsel for the petitioners submitted that the

allegations levelled against the petitioners are to the effect that

they entered the complainant-Bhagwati Lal’s house on 15.02.2025

between 7.30 pm to 10.30 pm and stole certain gold and silver

ornaments along with the sum of Rs.40,000/- in cash. Learned

counsel for the petitioners further submitted that there is no

reliable material available on record to make-out prima facie case

against the present accused-petitioners with the alleged crime.

Learned counsel for the petitioners submitted that the offences

alleged to have been committed by the petitioners are triable by

court of Magistrate. Learned counsel further submitted that the

petitioners are in judicial custody since long and the trial of the

case will take sufficiently long time, therefore, the benefit of bail

may be granted to the accused-petitioners.

Per contra, learned Public Prosecutor has vehemently

opposed the bail applications and submitted that there are

criminal antecedents pending against the present

accused-petitioners.

Having considered the rival submissions, facts and

circumstances of the case, considering the fact that the offences

alleged to have been committed by the accused-petitioners are

triable by Court of Magistrate and further considering the fact that

the FIR filed by the complainant does not contain the name of the

present accused-petitioners, without expressing any opinion on

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merits/demerits of the case, this Court is inclined to enlarge the

petitioners on bail.

Consequently, the bail applications under Section 483 of

BNSS (439 Cr.P.C.) is allowed. It is ordered that the accused-

petitioners Kalu S/o Nanda, Deepu S/o Ramswaroop Bairwa

and Leela Ram S/o Ganga Ram arrested in connection with

F.I.R. No.96/2025 registered at Police Station Savina, District

Udaipur, shall be released on bail, if not wanted in any other case,

provided each of them furnishes a personal bond of Rs.50,000/-

and two sureties of Rs.25,000/- each, to the satisfaction of

learned trial court, for their appearance before that court on each

& every date of hearing and whenever called upon to do so till

completion of the trial.

In view of the criminal antecedent record of the accused-

petitioners, it is directed that if they found involved in any criminal

activity in future, the learned Public Prosecutor is free to file the

bail cancellation application.

(CHANDRA PRAKASH SHRIMALI),J
60-61-minki/-

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