Rajasthan High Court – Jodhpur
Bhajan Lal vs State Of Rajasthan (2025:Rj-Jd:27186) on 16 June, 2025
[2025:RJ-JD:27186]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6133/2025
Bhajan Lal S/o Narana Ram, Aged About 42 Years, R/o Bachhala,
Police Station Dhorimanna, District Barmer.
(At present lodged in District Jail Barmer.)
----Petitioner
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Manphool
Mr. Naresh Kumar
For Respondent(s) : Mr. Deepak Choudhary, AAG
Mr. Sharwan Singh Rathore, PP
HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI
(VACATION JUDGE)
Order
16/06/2025
This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
connection with F.I.R. No.264/2023 registered at Police Station
Dhorimanna, District Barmer for offences under Sections 420,
467, 468, 471 and 379/511 of the IPC.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submits that as per the
prosecution story, a police team conducted a thorough search at
the residence of the present petitioner on suspicion of possession
of Narcotic Contraband, however, no contraband or any
objectionable item was recovered from the said premises.
Subsequently the team proceeded to the farm house of the
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present petitioner. On the said premises five unregistered vehicles
were discovered. The said vehicles were seized by the police given
the possibility of their use in unlawful activity or the vehicles being
stolen. Learned counsel for the petitioner submits that the present
petitioner is falsely implicated in this case and no recovery has
been made from the conscious and exclusive possession of the
present petitioner. The learned counsel for the petitioner submits
that the offences alleged to have been committed by the petitioner
are triable by Court of Magistrate. Learned counsel submitted that
the petitioner is in custody since 16.04.2025 and the trial of the
case will take sufficiently long time, therefore, the benefit of bail
may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application stating that the present petitioner is
habitual offender and there are criminal antecedents pending
against the present petitioner.
Having considered the rival submissions, facts and
circumstances of the case; considering the fact that no recovery
has been made from the conscious and exclusive possession of the
present petitioner; without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
Consequently, the bail application under Section 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
Bhajan Lal S/o Narana Ram, arrested in connection with F.I.R.
No.264/2023 registered at Police Station Dhorimanna District
Barmer, shall be released on bail, if not wanted in any other case,
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provided he furnishes a personal bond of Rs.50,000/- and two
sureties of Rs.25,000/- each, to the satisfaction of learned trial
court, for his 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-
petitioner, it is directed that if he is found involved in any criminal
activity in future, the learned Public Prosecutor shall be free to file
bail cancellation application.
(CHANDRA PRAKASH SHRIMALI),VJ
125-JatinS/-
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