Rajasthan High Court – Jodhpur
Sunil Alias Anil Alias Sonu vs State Of Rajasthan (2025:Rj-Jd:18403) on 9 April, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:18403]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 368/2025
Sunil Alias Anil Alias Sonu S/o Shri Mangal Chand, Aged About
31 Years, R/o Gawadi , P.s. Sadar Neem Ka Thana, Dist Sikar
(Raj) (Presently Lodged In Sub Jail Sri Dungargarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous II Bail Application No. 369/2025
Ravindra Kumar@ Ravi S/o Shri Chothmal, Aged About 30 Years,
R/o Dampura Byor, P.s. Ajeetgarh, Dist Sikar (Raj) (Presently
Lodged In Sub Jail Dungargarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sanjay Kumar Poonia
For Respondent(s) : Mr. Shree Ram Choudhary, AGA
HON'BLE MR. JUSTICE FARJAND ALI
Order
09/04/2025
In S.B. Criminal Miscellaneous II Bail Application No.
368/2025:-
1. The jurisdiction of this Court has been invoked by way of
filing an application under Section 439 Cr.P.C. (corresponding
to new Section 483 of BNSS, 2023) at the instance of
accused-petitioner. The requisite details of the matter are
tabulated herein below:
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[2025:RJ-JD:18403] (2 of 5) [CRLMB-368/2025]
S.No. Particulars of the Case
1. FIR Number 398/2023
2. Concerned Police Station Sri Dungargarh
3. District Bikaner
4. Offences alleged in the FIR Under Sections 395, 397,
307, 457, 380 of IPC &
27 of Arms Act
5. Offences added, if any –
6. Date of passing of impugned 23.12.2024
order
2. It is contended on behalf of the accused-petitioner that no
case for the alleged offences is made out against him and his
incarceration is not warranted. There are no factors at play in
the case at hand that may work against grant of bail to the
accused-petitioner and he has been made an accused based
on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the
petitioner, learned Public Prosecutor opposes the bail
application and submits that the present case is not fit for
enlargement of accused on bail.
4. I have considered the submissions made by both the parties
and have perused the material available on record.
5. The first bail application was rejected by this Court on
15.07.2024 while giving liberty to the petitioner to renew the
prayer for bail after statement of prosecution witness-Vineet
is recorded in the trial, who has now been examined in trial
as P.W.-1. Considering the totality of facts and circumstances
of the case and the fact that the other co-accused persons
have already been granted bail and the admissions made by
P.W.-1 in cross-examination, this Court feels it apt that
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[2025:RJ-JD:18403] (3 of 5) [CRLMB-368/2025]
further incarceration of the petitioner is not warranted. There
is high probability that the trial may take long time to
conclude. In light of these facts and circumstances, it is
deemed suitable to grant the benefit of bail to the petitioner
in the present matter.
6. Accordingly, the instant bail application under Section 439
Cr.P.C. is allowed and it is ordered that the accused-petitioner
as named in the cause title 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 as and when called
upon to do so.
In S.B. Criminal Miscellaneous II Bail Application No.
369/2025:-
1. The jurisdiction of this Court has been invoked by way of
filing an application under Section 439 Cr.P.C. at the instance
of accused-petitioner. The requisite details of the matter are
tabulated herein below:
S.No. Particulars of the Case 1. FIR Number 398/2023 2. Concerned Police Station Sri Dungargarh 3. District Bikaner 4. Offences alleged in the FIR Under Sections 395, 397, 307, 457, 380 of IPC and 27 of Arms Act 5. Offences added, if any -
6. Date of passing of impugned 18.12.2024
order(Downloaded on 16/04/2025 at 09:16:42 PM)
[2025:RJ-JD:18403] (4 of 5) [CRLMB-368/2025]
2. It is contended on behalf of the accused-petitioner that no
case for the alleged offences is made out against him and his
incarceration is not warranted. There are no factors at play in
the case at hand that may work against grant of bail to the
accused-petitioner and he has been made an accused based
on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the
petitioner, learned Public Prosecutor opposes the bail
application and submits that the present case is not fit for
enlargement of accused on bail.
4. I have considered the submissions made by both the parties
and have perused the material available on record.
5. The first bail application was rejected by this Court on
19.03.2024 while giving liberty to the petitioner to renew the
prayer for bail after change of any circumstances. Now, the
prosecution witness – Vineet has been examined in trial as
P.W.-1. Considering the totality of facts and circumstances of
the case and the fact that the other co-accused persons have
already been granted bail and the admissions made by P.W.-1
in cross-examination, this Court feels it apt that further
incarceration of the petitioner is not warranted. There is high
probability that the trial may take long time to conclude. In
light of these facts and circumstances, it is deemed suitable
to grant the benefit of bail to the petitioner in the present
matter.
6. Accordingly, the instant bail application under Section 439
Cr.P.C. is allowed and it is ordered that the accused-petitioner
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[2025:RJ-JD:18403] (5 of 5) [CRLMB-368/2025]as named in the cause title 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 as and when called
upon to do so.
(FARJAND ALI),J
162-163 divya/-
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