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2026 DAILYLAW 9978 (RAJ)

MOHAN S/O RAMDEV MOGYA v. THE STATE OF RAJASTHAN

CRLMB/9449/2026 · 2026-07-08

Bipin Gupta

body2026

Judgment text

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[2026:RJ-JP:25611] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 9449/2026 URN: CRLMB / 17483U / 2026 Mohan S/o Ramdev Mogya, Aged About 30 Years, R/o Mogya Ka Jhopda Raghunathpura, Ps Mor District Tonk, At Present Raigaro Ka Mohalla, Gram Karwada, Ps Dooni District Tonk. (At Present Confined In District Jail Tonk) ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Teeka Ram Meena For Respondent(s) : Mr. Vivek Sharma, AGA HON'BLE MR. JUSTICE BIPIN GUPTA Judgment / Order 08/07/2026 1. The present bail application has been filed under Section 483 BNSS, 2023 against the order dated 09.06.2026 passed by learned Additional Sessions Judge, Uniyara, District Tonk, in Bail Application No.139/2026, whereby the bail application of the petitioner was rejected in connection with F.I.R. No.63/2026, Police Station Nagarfort, for the offences under Sections 3/25 Arms Act. 2. Learned counsel for the petitioner submits that there are no criminal antecedents of the petitioners of having committed any offence of similar or any other nature in past. He further submits that the maximum punishment is for three years for the offence under Section 3/25 Arms Act. Moreover, the conclusion of investigation/trial will take sufficiently long time and even the offences are triable by a Magistrate, therefore, he prays that the [2026:RJ-JP:25611] (2 of 3) [CRLMB-9449/2026] petitioner may be enlarged on bail as the accused is in custody since 30.05.2026. 3. Learned Public Prosecutor vehemently opposes the bail application. 4. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the material available on record. 5. Without expressing any opinion on the merits of the case and upon a consideration of the arguments advanced and the fact that the maximum punishment is three years; and there being no criminal antecedents of the petitioners of having committed any offence of similar or any other nature in past which have also been informed by the learned public prosecutor as per the letter of the Station House Officer of Police Station; investigation/trial will take long time. Therefore, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Mohan S/o Ramdev Mogya arrested in connection with F.I.R. No.63/2026, Police Station Nagarfort, shall be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- (Rs. One Lakh Only) with two sureties of Rs. 50,000/- (Rs. Fifty Thousand Only) each, to the satisfaction of the learned Trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so till the completion of the trial and with additional following conditions: (i) The petitioner shall not leave country without the permission of the Court; [2026:RJ-JP:25611] (3 of 3) [CRLMB-9449/2026] (ii) The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected; and (iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (BIPIN GUPTA),J 39/JUBIN