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2025 DAILYLAW 49245 (RAJ)

VISHAL MALAWAT S/O SHRI GOPAL MALAWAT v. STATE OF RAJASTHAN

/15096/2025 · 2025-11-19

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:46618] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous II Bail Application No.15096/2025 Vishal Malawat S/o Shri Gopal Malawat, Aged About 21 Years, R/o Plot No. B 306, Shiv Shakti Vihar Bainard Road, Police Station Kardhani, District Jaipur (Raj.) (At Present In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Javed Mohd. Khan For Respondent(s) : Mr. Amit Punia, PP JUSTICE ANOOP KUMAR DHAND Order 19/11/2025 1. This 2nd bail application under Section 483 BNSS has been filed by the accused-petitioner in connection with the FIR No.911/2025, registered at the Police Station Kardhani, District Jaipur (West), wherein he is charged for offences punishable under Sections 305(a) and 331(3) of the BNS, 2023. 2. Learned counsel for the petitioner submits that first bail application of the petitioner was rejected at the stage of investigation and a liberty was granted to the petitioner to renew his prayer for bail after completion of investigation. Learned counsel submits that now charge-sheet has been submitted. Learned counsel submits that the petitioner is in custody since the date of his arrest, i.e., 05.09.2025 and the alleged offences are triable by the Magistrate and since the trial will take its own time to conclude, therefore, indulgence of bail be granted to the petitioner. 3. Per contra, learned Public Prosecutor opposes the prayer made by the petitioner and submits that the petitioner is a habitual [2025:RJ-JP:46618] (2 of 2) [CRLMB-15096/2025] offender against whom similar kind of cases are pending, hence, he is not entitled to get indulgence of bail and the instant bail application is liable to be rejected. 4. Heard and considered the submissions made at the Bar and perused the material available on the record. 5. Considering the arguments put forward by learned counsel for the petitioner and looking to the fact that after investigation, now charge-sheet has been filed and the alleged offences are triable by the Magistrate and since the trial will take its own time to conclude, hence, without expressing any opinion on merits and demerits of the case, this Court deems it just and appropriate to grant indulgence of bail to the petitioner under Section 483 of the BNSS. 6. Accordingly, this 2nd bail application under Section 483 BNSS is allowed subject to the condition that, in case, the petitioner is found involved in committing and repeating the same offence again in the future, the Investigating Officer/ Public Prosecutor would be at liberty to move an application for cancellation of his bail before the jurisdictional Magistrate and it is ordered that the accused-petitioner-Vishal Malawat S/o Shri Gopal Malawat arrested in connection with the aforementioned FIR, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two surety bonds of Rs.25,000/- each to the satisfaction of the learned trial Court with the stipulation to appear before that Court on all dates of hearing, as and when called upon to do so. (ANOOP KUMAR DHAND),J Karan/1