[2025:RJ-JP:11567] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3818/2025 1. Sadik Son Of Gafur Khan, Resident Of Nana Sahab Ka Bada Bajariya, Police Station Nihalganj, Distirct Dholpur (Raj.) ( At Present Confined In District Jail Dholpur) 2. Jatin Son Of Kamal Kishore, Resident Of Mohalla Kayasthapada District Dholpur (Raj.)( At Present Confined In District Jail Dholpur) ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Dushyant Jain For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 12/03/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.461/2024 registered at Police Station Nihalganj, District Dholpur for the offence punishable under Section 310(2) of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that it is evident from the record that petitioners were not identified by the complainant when test identification parade was conducted. It is contended that trial will take considerable time in its conclusion. Petitioners are in custody [2025:RJ-JP:11567] (2 of 3) [CRLMB-3818/2025] since their date of arrest and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioners however, fairly concedes that petitioners were not identified by the complainant when test identification parade was conducted. 4. I have considered the contentions. 5. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioners, so also considering the fact that petitioners were not identified by the complainant when test identification parade was conducted and trial will take time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this bail application.i 6. This bail application is accordingly allowed and it is directed that accused-petitioners (1) Sadik Son Of Gafur Khan and (2) Jatin Son Of Kamal Kishore, shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each to the satisfaction of the learned trial Court with the stipulation that they shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail and they shall [2025:RJ-JP:11567] (3 of 3) [CRLMB-3818/2025] mark their presence once in every three months in the concerned police station, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If breach of any of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial Court to cancel the bail granted to them by this Court. (ANIL KUMAR UPMAN),J pcg/730