Ashish Son of Shri Ashok Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

Ashish Son of Shri Ashok Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2025)

What the court decided

AI extract

Outcome

Second bail application allowed; accused-petitioner to be released on bail on furnishing a personal bond of Rs.1,00,000/- together with two sureties of Rs.50,000/- each to the satisfaction of the trial Court, with condition to appear on all dates of hearing.

Issue for consideration

Whether the accused-petitioner, in custody since 21.12.2023 in F.I.R. No.520/2023 (Sections 458, 459, 380 IPC) with only 8 of 17 prosecution witnesses examined and co-accused Manish already enlarged on bail, should be released on bail in his second bail application.

Court's answer

Considering the overall facts and circumstances, the petitioner's custody since 21.12.2023, examination of only eight of seventeen witnesses, and the fact that co-accused Manish was already enlarged on bail by this Court on 11.11.2025, the Court enlarged the accused-petitioner on bail without expressing any opinion on the merits and demerits of the case.

Ratio / Principle

Release on bail is 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, with a stipulation to appear before that Court (or any transferee Court) on all subsequent dates of hearing and as and when called upon.

Detailed headnote1 paragraphs

Bail — second bail application under Section 483 B.N.S.S. — offences under Sections 458, 459 and 380 IPC arising out of F.I.R. No.520/2023, Police Station Kotkasim, District Khairthal-Tijara — petitioner aged about 20 years in custody since 21.12.2023 — out of 17 prosecution witnesses only 8 examined till date — co-accused Manish already enlarged on bail by the same Court vide order dated 11.11.2025 — bail granted on grounds of prolonged custody, slow trial progress and parity with co-accused, without expressing any opinion on merits — release ordered on personal bond of Rs.1,00,000/- with two sureties of Rs.50,000/- each, subject to appearance before the trial Court on all dates of hearing.

[2025:RJ-JP:48121]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Second Bail Application No. 15243/2025

Ashish Son Of Shri Ashok, Aged About 20 Years, Resident Of Naya Babriya, Thana Harsola District Kotputli-Behror ( Raj.) ( Accused Confined In Kishangarhbas, Alwar Jail)

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Neeraj Sharma For Respondent(s) : Ms. Aarti Sharma, PP

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

27/11/2025

The accused-petitioner has filed this second bail application under Section 483 B.N.S.S. arising out of F.I.R. No.520/2023 registered with the Police Station Kotkasim, District KhairthalTijara for offence under Sections 458, 459 and 380 of IPC.

Heard.

Considered the submissions made at bar so also perused the material available on record.

The accused-petitioner is in custody since 21.12.2023 and till date out of total 17 prosecution witnesses, only 8 witnesses have been examined and co-accused Manish has already been enlarged on bail by this Court vide order dated 11.11.2025.

Taking into consideration the overall facts and circumstances

[CRLMB-15243/2025]

[2025:RJ-JP:48121]

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of the case, so also the fact that the petitioner is in custody since 21.12.2023 and out of total seventeen witnesses, only eight witnesses have been examined till date, and more particularly the fact that co-accused Manish has already been enlarged on bail by this Court vide order dated 11.11.2025, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the accused-petitioner on bail.

This second bail application is, accordingly, allowed and it is directed that accused-petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court or any other Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

(GANESH RAM MEENA),J

SHRUTI SHARMA /4