[2025:RJ-JP:14011] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Third Bail Application No. 4174/2025 Tejpal S/o Chotulal, R/o Ward No.2, Near Hanuman Temple, Shriram Nagar, P.s. Sultanpur, District Kota (Rajasthan) (At Present Confined In Central Jail Kota, District Kota) ----Petitioner Versus State Of Rajasthan, Through Public Prosecutor ----Respondent For Petitioner(s) : Mr. Nitin Kumar Sharma For Respondent(s) : Mr. N.S. Dhakad, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 27/03/2025 1. The accused-petitioner has filed this third bail application under Section 483 B.N.S.S. arising out of F.I.R. No.139/2024 registered with the Police Station Borkheda, District Kota City for offence under Sections 356 & 379 of IPC. 2. The first bail application bearing No.15007/2024 of the accused petitioner was dismissed as withdrawn by this Court vide order dated 09.12.2024 and the second bail application bearing No.2903/2025 was dismissed as withdrawn by this Court vide order dated 28.02.2025 with liberty to the petitioner to move fresh bail application before the learned trial Court under the provisions of Section 480(6) B.N.S.S., 2023 3. Heard. 4. Considered the submissions made at bar so also perused the material available on record. [2025:RJ-JP:14011] (2 of 3) [CRLMB-4174/2025] 5. The accused-petitioner is in custody since 21.05.2024. The charges have been framed against the petitioner on 22.08.2024 for the offences punishable under Sections 392/34 of IPC and the first date of recording of the evidence was fixed as 05.09.2024. Even after passing of about more than six months from the date of recording of evidence, the trial has not been concluded so far. 6. Section 480(6) B.N.S.S., 2023 says that in case all offences are triable by the Magistrate and if, an accused is in continuous custody and trial could not be concluded within a period of sixty days from the date fixed for recording of evidence then the accused is entitled to be released on bail. 7. Section 480(6) of B.N.S.S., 2023 is also quoted as under:- “(6) If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is in custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.” 8. In the present case, the charges were framed against the petitioner on 22.08.2024 and the learned trial Court fixed the first date for recording the evidence on 05.09.2024. Even after passing of about more than six months from the date of recording of evidence, the trial has not been concluded so far and the offence for which charge has been framed against the petitioner under Section 392/34 IPC, is triable by the Magistrate. [2025:RJ-JP:14011] (3 of 3) [CRLMB-4174/2025] 9. In the aforesaid facts and circumstances and in view of the provision under Section 480(6) of B.N.S.S., 2023, the petitioner is entitled to be released on bail. 10. This Court in case of Banwari Lal Kushwah Vs. State of Rajasthan (S.B. Criminal Misc. Second Bail Application No.12083/2024), decided on 04.11.2024 has considered this issue. 11. Taking into consideration the totality of the facts and circumstances of the case and the allegations against the present petitioner, so also the provision of Section 480(6) of B.N.S.S., 2023 and in view of the observations made in the case of Banwari Lal Kushwah(supra), 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. 12. This third 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 ARTI SHARMA /25