[2025:RJ-JP:23096] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5414/2025 Mohan Lal @ Munna S/o Shobharam, Aged About 27 Years, R/o Sawalsar Hemji Ka Tala, Police Station Baytu, District Balotra. (At Present Accused Petitioner Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nonit Hateela for Mr. Vishal Gurjar For Respondent(s) : Mr. Amit Kumar Gupta, PP with Mr. Naresh Kumar Gupta HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 11/06/2025 1. This instant application for bail filed under Section 483 of B.N.S.S. by the applicant-accused Mohan Lal @ Munna S/o Shobharam, in FIR No.649/2024 dated 15.11.2024 registered at P.S. Jhotwara, District Jaipur (Raj.), whereby the applicant- accused have charged under Sections 303(2), 313, 307, 111(2)(a) of I.P.C. 2. The applicant Mohan Lal @ Munna S/o Shobharam was behind the bars since 16.11.2024 and has in judicial custody since then. The Court below has dismissed the bail application. 3. Learned counsel for the applicant-accused relying upon grounds raised in bail application submits that the applicant is innocent and falsely implicated in the present case. Further he submitted that the investigation relating to present applicant- [2025:RJ-JP:23096] (2 of 3) [CRLMB-5414/2025] accused is complete and is no more required by the Investigating Agency for investigation. He further assures that in case, the applicant-accused is required for further investigation, the applicant-accused will be available for such investigation. He also submitted that the investigation/trial will take its own time and no purpose will be served by keeping the applicant-accused in custody. 4. Learned counsel while referring the order dated 12.03.2025 in bail application No.3469/2025 has submitted that main accused Fussaram, was already granted bail by a Co-ordinate bench of this Court. He further submitted that the allegation upon the applicant is committing theft of a car and report was registered against unnamed person. He further submitted that only because of criminal record, this applicant was implicated and forwarded to face the trial. 5. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted that as per record, there are 29 cases against the applicant-accused. 6. Heard learned counsel for the applicant-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On the basis of a report against unnamed person about theft of a scorpio car, police has investigated the matter and during investigation, found involvement of Fussaram and the present applicant Mohan Lal. The bail application of Fussaram was allowed on 12.03.2025 by a Co-ordinate Bench of this Court in bail application No.3469/2025. The distinction between case of present [2025:RJ-JP:23096] (3 of 3) [CRLMB-5414/2025] applicant and Fussa Ram was considered by learned Additional Sessions Judge No.3 Metro-II and order dated 15.04.2025, indicate that there were six criminal cases against Fussaram whereas there were 27 cases registered against the present applicant. These registered cases clearly indicate that this applicant-accused is involved in criminal activities since 2019 and there are ‘n’ number of incidents wherein this applicant is involved. Therefore, this applicant is not entitle to seek parity for Fussaram. 8. Having considered the criminal background of this applicant and number of criminal cases, I am of considered view that where there is a chequered history of criminal cases, then accused is not entitle even for regular bail. The Hon’ble Supreme Court in case of Amar Mani Tripathi vs State Of U.P. And Another (2005) 8 SCC 21 has already laid down that while considering the bail, criminal antecedents is a relevant factor. 9. In view of discussion made herein-above, I am of the considered view that this is not a fit case wherein this applicant Mohan Lal, is entitled for grant of bail under Section 483 of B.N.S.S. 10. As a result, the instant bail application filed by the applicant- accused Mohan Lal, is hereby dismissed. (ASHOK KUMAR JAIN),J SAURABH /136