CRLMB/8294/2026 of RASHID S/O SH. DHOOP SINGH @ BHOOP SINGH Vs THE STATE OF RAJASTHAN on 7 August 2026

1. The present bail application has been filed under Section 483 BNSS, 2023 against the order dated 13.05.2026 passed by learned District and Sessions Judge, District-Deeg, in Criminal Misc. Case No.215/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.37/2012, Police Station-Khoh, Baunwani, District-Deeg for the offences under Section 406, 420 of the IPC, 1860.

2. Learned counsel for the petitioner that there are no criminal antecedents of the petitioner of having committed any offences of similar or any other nature in the past. He submits that the allegation in the FIR is only to the effect that the property in dispute has been sold twice.

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3. Learned counsel for the petitioner submits that there are as many as 12 witnesses to be examined which will take considerable time and the learned Trial Court has recorded the fact that the petitioner was absconding from last 12 years and therefore, he submits that the petitioner is ready and willing to abide by any stringent conditions that the Court may impose so that the trial proceedings are not delayed.

4. Learned counsel for the petitioner submits that the challan in the case has already been filed and the conclusion of trial will take sufficiently long time and even the offences are triable by Magistrate, and therefore, he prays that the petitioner be enlarged on bail as the accused is in custody since 29.04.2026.

5. Learned Public Prosecutor vehemently opposes the bail application.

6. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record.

7. On perusal of the case diary submitted by the learned Public Prosecutor, it is reflected in the report dated 01.08.2026, that no case other than the present case is reported to be pending against the petitioner.

8. Without expressing any opinion on the merits of the case and upon consideration of the arguments advanced that offences are tiriably by Magistrate; challan has already been filed; trial will take considerable long time; there are as many as 12 witnesses to be examined; there are no criminal antecedents against the petitioner of having committed any offence of similar nature or any other nature in past, but considering the fact that the petitioner was absconding for 12 years, this Court is of the opinion

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9. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Rashid S/o Sh. Dhoop Singh @ Bhoop Singh arrested in connection with F.I.R. No.37/2012, Police Station-Khoh, Baunwani, District-Deeg, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/ (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so till the completion of the trial and with additional following conditions:

(i) The petitioner shall not leave country without the permission of the Court;

(ii) The petitioner shall not commit any offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected;

(iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

(iv) In the event the petitioner is found involved in any other similar offences in the future, the prosecution shall be at liberty to move an appropriate application before the learned Trial Court for cancellation of the bail granted therein;

(v) The accused-petitioner shall mark their presence before the concerned police station once in a month as fixed by the Investigating Officer and a register shall be maintained for the same by Investigating Officer; and

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(vi) In case of any change of residential address, the accused-petitioners shall immediately inform the Investigating Officer as well as the trial Court. (BIPIN GUPTA),J 23/JUBIN