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Rajasthan High Court - Jodhpur
Shiva Wadiva vs State Of Rajasthan (2026:Rj-Jd:9653) on 23 February, 2026
[2026:RJ-JD:9653]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2397/2026
Shiva Wadiva S/o Dhanu Wadiya, Aged About 22 Years, Kilod,
Panchayat Malakpur, Police Station Aamala, District Betul,
Madhya Pradesh (Presently Lodged In Central Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through The Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Naresh Tak
Mr. Yuvraj Singh Chouhan
For Respondent(s) : Mr. Sameer Pareek, PP
HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order
23/02/2026
1. The petitioner has filed this bail application under Section
483 of BNSS in FIR No.269/2025 registered at Police Station
Khajuwala, District Bikaner for offence under Section 3/25 (1-B)
(A) of Arms Act.
2. Heard learned counsel for the petitioner as well as learned
Public Prosecutor and perused the material available on record.
3. Learned counsel for the petitioner submits that the allegation
against the present petitioner is that from his conscious
possession one country made pistol along with one magazine,
which was made of iron-like metal and handle was fitted with a
black plastic cover, was recovered. The petitioner is behind the
bars since 31.08.2025 and though one case of similar nature and
eight criminal antecedents of different nature have been
registered against the present petitioner but in all cases he is on
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bail. The charge-sheet has been filed. The trial of the case may
take considerable time and no further custodial interrogation is
required. Hence, the bail application of the petitioner may be
allowed.
4. Learned Public Prosecutor has vehemently opposed the bail
application.
5. On consideration of the rival submissions and material
available on record and in the light of submission made by learned
counsel for the petitioner but without expressing any opinion on
merits/demerits of the case, I am inclined to grant benefit of bail
to the petitioner.
6. Consequently, the bail application under Section 483
B.N.S.S. is allowed and it is directed that the petitioner Shiva
Wadiva S/o Dhanu Wadiya, be released on bail provided he
furnishes a personal bond in the sum of Rs.50,000/- with two
sureties in the sum of Rs.25,000/- each to the satisfaction of the
learned trial court with the stipulation that he shall appear before
that Court on all subsequent dates of hearing till conclusion of the
trial with following further conditions:-
(i) that the petitioner shall mark his presence before
the SHO, Police Station Khajuwala, District Bikaner in
every 15 days of each month till conclusion of trial.
(ii) The concerned SHO is directed to maintain a
register for this purpose. In case, the petitioner fails
to mark his presence in the concerned Police Station
as directed above, the concerned SHO is directed to
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immediately report the matter to trial court in this
regard.
(iii) The petitioner shall not repeat any offence in
future.
(iv) If breach of any of the directions is reported or
come to the notice of the trial court the same shall
alone be a reason for learned Public Prosecutor to
apply for cancellation of bail and trial court shall be at
liberty to cancel the bail.
(PRAMIL KUMAR MATHUR),J
113-AnilKC/-
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