Second regular bail application in an Arms Act FIR after the first was withdrawn with liberty post-charge-sheet. The court, without commenting on merits, enlarged the petitioner on bail subject to a personal bond with two sureties and appearance before the trial Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2025:RJ-JP:18707]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No. 5516/2025
Jaysingh @ Machhar @ Tara S/o Pratapsingh, Aged About 23 Years, R/o Jheel Police Station Basedi District Dholpur. At Present Confined In Judicial Custody At District Jail Dholpur.
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sachin Kumar, Adv. For Respondent(s) : Mr. N.S. Dhakad, P.P.
HON'BLE MR. JUSTICE UMA SHANKER VYAS Judgment / Order
05/05/2025
This second bail application has been filed by the petitioner under Section 483 BNSS/439 Cr.P.C. seeking regular bail in FIR No.48/2025 registered at Police Station Basedi, District Dholpur for the offence(s) under Section(s) 3/25, 51(1)(A) & 25(1)(A) of Arms Act.
The first bail application of the accused-petitioner was dismissed as withdrawn by this Court vide order dated 12.03.2025, giving liberty to the accused-petitioner to file afresh after filing of the charge sheet.
Learned counsel for the petitioner submits that the accusedpetitioner is innocent and he has been falsely implicated in this case. Learned counsel further submits that charge sheet has been filed. Learned counsel 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:18707]
[CRLMB-5516/2025]
(2 of 2)
Learned Public Prosecutor appearing for the State has opposed the bail application.
Taking into consideration the overall facts and circumstances of the case, 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.
Accordingly, the second bail application filed under Section 483 BNSS/439 Cr.P.C. is allowed and it is ordered that accusedpetitioner Jaysingh @ Machhar @ Tara S/o Pratapsingh shall 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.
(UMA SHANKER VYAS),J
DANISH USMANI /03
1 issue framed by the court
Whether the accused-petitioner should be enlarged on regular bail in an Arms Act case after filing of charge sheet.
3 provisions across 3 enactments
Jaysingh @ Machhar @ Tara S/o Pratapsingh
State of Rajasthan
Uma Shanker Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
