[2025:RJ-JP:13727] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3993/2025 Shishram S/o Madhosingh, Aged About 33 Years, R/o Village Shahpur, Police Station Sone Ka Gurja, District Dholpur (Raj.). (At Present Petitioner Confined In Central Jail, Sewar, Bharatpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anshul Sharma For Respondent(s) : Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 26/03/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 343/2018 registered at Police Station Bayana, District Bharatpur for the offence(s) under Section 395 of IPC. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been involved in the alleged offence solely on the basis of disclosure statement of the other co-accused. The material eye witnesses PW-1 Mahaveer Singh, PW-2 Jagat Singh (Complainant), PW-3 Shivram, PW-4 Devendra Singh, PW-5 Jagdish, PW-6-Puran Singh have turned hostile and not supported the prosecution story. The accused petitioner is in custody since 24.01.2024 and the trial of the case will take considerable time. [2025:RJ-JP:13727] (2 of 3) [CRLMB-3993/2025] Therefore, the benefit of bail may be granted to the accused- petitioner. 3. Per contra, learned Public Prosecutor opposes the bail application and contended that petitioner is a habitual offender and against him five criminal cases under various offences were registered and pending before the concerned court, therefore his bail application deserves to be dismissed. 4. Heard and perused the material available on the record. 5. Considering the arguments advanced by the counsel for the parties and looking to the fact that material eye-witnesses have turned hostile and not supported the prosecution story. The accused petitioner is in custody since 24.01.2024 and the trial of the case will take considerable time, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Shishram S/o Madhosingh, in connection with FIR No. 343/2018 registered at Police Station Bayana, District Bharatpur shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge. 7. The accused- petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner to the trial court every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application [2025:RJ-JP:13727] (3 of 3) [CRLMB-3993/2025] against the petitioner for cancellation of the bail before the concerned Magistrate. (PRAVEER BHATNAGAR),J ashu /209