Kishan @ Char Baal Aala @ Futya @ Ramkishan @ Krishan… — Bail and Remand | Rajasthan HC (2025)

Kishan @ Char Baal Aala @ Futya @ Ramkishan @ Krishan… — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Enlargement (release) on bail subject to: furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court; appearance before the trial Court on all subsequent hearing dates and when called upon; marking presence before the concerned Police Station on the 1st of every month till conclusion of trial; and liberty reserved to the prosecution to seek cancellation of bail if the petitioner is involved in a similar offence in future.

Issue for consideration

Whether the bail application of the accused-petitioner (charged under Section 303(2) B.N.S. in FIR No.55/2025, PS Gokulpura, District Sikar) should be granted, given his involvement in the theft of 160 liters of diesel, 11 previous theft-related criminal cases, and prolonged judicial custody awaiting trial.

Court's answer

Taking into consideration the overall facts and circumstances, the material on record, the theft of 160 liters of diesel, 11 prior theft-related criminal cases, and the petitioner's prolonged judicial custody, the Court deemed it just and proper to enlarge the petitioner on bail, expressly without expressing any opinion on the merits and demerits of the case.

Ratio / Principle

Release on bail is conditional upon the accused-petitioner furnishing a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court.

Key takeaways

The petitioner is stipulated to appear before the trial Court on all subsequent dates of hearing and as and when called upon to do so.ratio¶20
In view of the petitioner's criminal antecedents, if he is found involved in an offence of a similar nature in future, the prosecution shall be at liberty to file an application for cancellation of the bail granted by this Court.ratio¶21
The accused is directed to mark his presence on the 1st of every month till conclusion of trial before the concerned Police Station.

Detailed headnote1 paragraphs

Criminal Miscellaneous Bail Application (S.B. No. 13085/2025) under Section 483 of B.N.S.S. arising from FIR No.55/2025, Police Station Gokulpura, District Sikar, for offence(s) under Section 303(2) of B.N.S. Counsel submitted the charge-sheet had been filed, no recovery was pending, and the petitioner had been in judicial custody since long with the trial expected to take considerable time. The Court noted the petitioner's involvement in the theft of 160 liters of diesel and 11 other previous criminal cases, all relating to theft, but — expressly without expressing any opinion on the merits and demerits of the case — deemed it just and proper to enlarge him on bail. Release was made conditional on a personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, appearance at all hearing dates, monthly police reporting on the 1st of every month until conclusion of trial, and liberty to the prosecution to seek cancellation of bail upon involvement in any similar future offence. Order dated 17/11/2025; single bench of Hon'ble Mr. Justice Chandra Prakash Shrimali.

[2025:RJ-JP:46153]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 13085/2025

Kishan @ Char Baal Aala @ Futya @ Ramkishan @ Krishan Bawariya, S/o Badri Lal Bawariya @ Bajaranglal @ Bajranga, R/o Pratap Nagar Jaipur And Gurjaro Ki Saroyi Narena, P.S. Narena, Jaipur Rural, Haal Kirayedar Makan Chotu Bairwa Kokas, Jaipur, P.S. Sadar Sanganer, Permanent Resident Of Baksawala, J.d.a. Colony, Sanganer, Jaipur, Raj. At Present Confined In Central Jail Jaipur.

----Petitioner

Versus

State of Rajasthan, Through PP

----Respondent

For Petitioner(s)	: Mr. Manish Sharma,Adv.
For Respondent(s)	: Mr. Onkar Singh Rajpurohit,PP

HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI

Order

17/11/2025

This bail application has been filed by the petitioner under Section 483 of B.N.S.S. in connection with FIR No.55/2025 registered at Police Station Gokulpura, District Sikar for the offence(s) under Section(s) 303(2) of B.N.S.

Learned counsel for the petitioner submits that the accused-petitioner is innocent and he has been falsely implicated in this case. Learned counsel further submits that charge-sheet has been filed and no further recovery is pending in this case. He also submits that the accused-petitioner has been in judicial custody since long and the conclusion of the trial will take long time, hence the petitioner may be enlarged on bail.

[2025:RJ-JP:46153]

[CRLMB-13085/2025]

(2 of 3)

Learned Public Prosecutor appearing for the State has vehemently opposed the bail application.

Taking into consideration the overall facts and circumstances of the case, perused the material available on record and the fact that the accused-petitioner was involved in the theft of 160 liters of diesel, and it has further come on record that he has 11 other previous criminal cases registered against him, all of which relate to offences of theft; the accused-petitioner has been in judicial custody since long but without expressing any opinion on the merits and demerits of the case, this Court deems it just and proper to enlarge the petitioner on bail.

Therefore, this bail application is allowed and accusedpetitioner Kishan @ Char Baal Aala @ Futya @ Ramkishan @ Krishan Bawariya, S/o Badri Lal Bawariya @ Bajaranglal @ Bajranga is ordered to be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with the stipulation that the petitioner shall appear before that Court on all subsequent dates of hearing and as and when called upon to do so.

Considering the criminal antecedent(s) of the accusedpetitioner, it is directed that if he is found to be involved in offence of similar nature in future, then the prosecution shall be at liberty to file an application for cancellation of the bail granted to the accused-petitioner by this Court. The accused is also directed to mark his presence on 1st of every month till conclusion of trial before the concerned Police Station.

[2025:RJ-JP:46153]

[CRLMB-13085/2025]

(3 of 3)

A copy of this order shall be sent to the concerned SHO for

its compliance.

(CHANDRA PRAKASH SHRIMALI),J

GAURAV SHARMA /122