[2025:RJ-JP:22829] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 1368/2025 Mukesh Kumar Sharma S/o Sh. Nandram Sharma, Aged About 45 Years, R/o Plot No. 26, Pratap Nagar, Near Ganpati School, Murlipura, Jaipur. (Presently Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Neeraj Joshi For Respondent(s) : Mr. Amit Punia, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 30/05/2025 1. The accused-petitioner has filed this second bail application under Section 483 B.N.S.S. arising out of F.I.R. No.33/2024 registered with the Police Station Murlipura, District Jaipur (West) for offence under Sections 420, 467 & 468 of IPC. 2. The First bail application bearing No.14400/2024 was dismissed as withdrawn by this Court vide order dated 17.12.2024 with liberty to file fresh bail application before the learned trial Court under the provisions of Section 480(6) of the B.N.S.S. 3. Counsel for the accused-petitioner submits that the accused-petitioner is in custody since 07.05.2024. He further submits that the offences for which the accused-petitioner has been charged, are triable by the Magistrate. Learned counsel [2025:RJ-JP:22829] (2 of 4) [CRLMB-1368/2025] further submits that the charges for the offences punishable under Sections 420, 467, 468, 471 & 120-B IPC were framed on 04.09.2024 and the first date of recording the evidence was fixed as 18.09.2024. Learned counsel also submits that in view of the provisions of Section 480 (6) of the B.N.S.S., the accused- petitioner is entitled to be released on bail because the trial of the case was been concluded within the period of sixty days from the first date fixed for recording the evidence. 4. Learned Public Prosecutor has vehemently opposed the submissions made by counsel for the accused-petitioner. 5. Considered the submissions made at bar and so also perused the material made available on record. 6. It is not in dispute that the charges for offences punishable under Sections 420, 467, 468, 471 & 120-B IPC have been framed against the accused-petitioner on 04.09.2024 and the first date fixed for recording the evidence was 18.09.2024 and even after passing of eight months from the first date fixed for recording the evidence, the trial of the case has not been concluded. 7. 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. 8. Section 480(6) of B.N.S.S., 2023 is also quoted as [2025:RJ-JP:22829] (3 of 4) [CRLMB-1368/2025] 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.” 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 nature of allegations levelled against the accused-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. Accordingly, this second bail application is 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 [2025:RJ-JP:22829] (4 of 4) [CRLMB-1368/2025] 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 /5