[2025:RJ-JP:28269] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5819/2025 1. Roshan Kumar Redas S/o Late Mohanlal Regar, R/o Near Tara Poultry Farm, Amba Colony, Sanjay Nagar Boraj, Ajmer, P.S. Ganj, Ajmer. 2. Nitesh Singh @ Sonti S/o Sajjan Singh, Aged About 24 Years, R/o Luhar Basti Wali Gali, Near Ramdev Mandir, Azad Nagar, Kotra, Ajmer. (Both are Presently Confined In Central Jail Ajmer). ----Accused-Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Devanshu Sharma, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP with Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/07/2025 1. This 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.558/2024 registered at Police Station Christianganj, District Ajmer for the offence punishable under Section 304(2) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 304(2) and 3(5) of BNS, 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. He submits that alleged offences are triable by Magistrate for [2025:RJ-JP:28269] (2 of 3) [CRLMB-5819/2025] which maximum term of sentence is three years. He contends that trial will take considerable time in its conclusion. He argues that the petitioners are in custody since 07.03.2025 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners. He submits that petitioners are habitual offenders as 19 other cases have been registered against petitioner- Roshan Kumar Redas and 12 other cases have been registered against petitioner- Nitesh Singh @ Sonti. 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 parties, especially the fact that alleged offences are triable by Magistrate and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioners – 1. Roshan Kumar Redas S/o Late Mohanlal Regar and 2. Nitesh Singh @ Sonti S/o Sajjan Singh 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 [2025:RJ-JP:28269] (3 of 3) [CRLMB-5819/2025] 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 mark their presence in first and third week of every month 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 any breach 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. 10. The observation made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/113