Rajasthan High Court – Jodhpur
Pramod vs State Of Rajasthan (2025:Rj-Jd:33923) on 1 August, 2025
[2025:RJ-JD:33923] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 6769/2025 Pramod S/o Omprakash, Aged About 30 Years, R/o Village Bilara, P.s. Bilara Dist. Jodhpur Date Of Arrrest 24-04-2025 (Lodged In Bilara Jail) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Mahaveer Singh. For Respondent(s) : Mr. Hanuman Prajapati, PP. HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
01/08/2025
1. This application for bail under Section 483 of BNSS (Section
439 Cr.P.C.) has been filed by the petitioner, who has been
arrested in connection with F.I.R. No.122/2025, registered at
Police Station Bilara, District Jodhpur, for the offences under
Sections 309(6), 331(4), 61 and 3(5) of the BNS, 2023.
2. Heard learned counsel for the parties and perused the material
available on record.
3. It is contended by learned counsel for the petitioner that the
petitioner has been falsely implicated in the present matter due to
his previous criminal antecedents. It is submitted that one
Mahendra, from whom the articles were recovered, has already
been enlarged on bail by a Coordinate Bench of this Court vide
order dated 28.05.2025, passed in S.B. Criminal Misc. Bail
Application No. 6218/2025. Learned counsel also submitted that
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the charge-sheet has already been filed, the petitioner has been in
judicial custody since 24.04.2025 and the trial is likely to take
considerable time to conclude.
4. Learned counsel also informs the Court that although the
petitioner has nine previous criminal antecedents, none of them
pertain to offences similar to the present one and in three of those
cases, the petitioner has been acquitted by the competent trial
court.
5. Learned Public Prosecutor has vehemently opposed the bail
application and submits that in view of the petitioner’s previous
criminal record, he does not deserve the benefit of bail.
6. Having considered the rival submissions, the overall facts and
circumstances of the case, the fact that the charge-sheet has been
filed, the co-accused has already been granted bail, the petitioner
has been in custody since 24.04.2025 & the likelihood of delay in
conclusion of the trial and without expressing any opinion on the
merits of the case, this Court deems it just and proper to enlarge
the petitioner on bail.
7. Consequently, the bail application under Section 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
Pramod S/o Omprakash, arrested in connection with F.I.R.
No.122/2025, registered at Police Station Bilara, District Jodhpur,
shall be released on bail, if not wanted in any other case, 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.
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8. In addition of the above, the petitioner is directed to appear
before the concerned Police Station in the first week of every
quarter of the year.
9. It is made clear that the petitioner shall file an undertaking
to the effect that he will not indulge in any kind of criminal
activity, however, in case he fails to abide by the undertaking
given by him, learned Public Prosecutor shall be free to file an
application for cancellation of bail.
(MUKESH RAJPUROHIT),J
88-/Jitender//-
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