[2025:RJ-JP:25191] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8547/2025 Kailash S/o Hanuman, R/o Mehangi, Tehsil Jamwaramgarh, District Jaipur. Presently Confined In Central Jail Jaipur. ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Mahendra Sharma, Adv. For Respondent(s) : Mr. Vivek Sharma, Add.GA Mr. Aman Kumar, AAAG HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 08/07/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 in Regular Criminal Case No.196/2009 NCV No.942/2022 titled as Hanuman Sahai Vs. Kailash for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as 'NI Act'), whereby vide order dated 20.06.2025 passed by learned Sessions Judge, Jaipur District Jaipur in bail application No.115/2025 filed by the accused-applicant under Section 483 of the B.N.S.S, 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the case for offence punishable under Section 138 of NI Act is pending against the accused-applicant before the learned trial Court and the accused- applicant was given benefit of bail, however, the accused-applicant failed to appear before the learned trial Court on 29.01.2025, therefore, his bail bonds were forfeited and standing arrest warrants were issued against him. Now, the accused-applicant in this case was arrested on 05.06.2025 and since then, he is behind the bars, [2025:RJ-JP:25191] (2 of 2) [CRLMB-8547/2025] therefore, the accused-applicant be enlarged on bail as the case is triable by Judicial Magistrate. 3. On the other hand, learned Public Prosecutor opposes the bail application and submits that the accused-applicant has misused the benefit of bail and his bail bonds were forfeited for the 2nd-3rd time, therefore, the bail application filed by the accused-applicant should be rejected. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the facts and circumstances of the case and considering the fact that the charge levelled against the accused- applicant is for the offence punishable under Section 138 of NI Act, which is triable by Judicial Magistrate, therefore, one more opportunity is granted to the accused-applicant, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused- applicant. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Kailash S/o Hanuman, arrested in Regular Criminal Case No.196/2009 NCV No.942/2022 shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent attested sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. The Accused-Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR),J Mohita /208