[2025:RJ-JP:30448] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6609/2025 Harkesh @ Baniya S/o Kajoudiram @ Kajjoram, Aged About 24 Years, R/o Village Manya Ka Baas, Police Station Kherli, District Alwar (Raj.) (At Present Petitioner Confined In Central Jail Alwar). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anupam Sharma, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 07/08/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.341/2013, registered at Police Station Kherli, District Alwar, for the offence(s) under Sections 147, 148, 149, 449, 323, 307 and 302 of IPC. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that the bail bonds of the petitioner were forfeited by the learned trial Court by its order dated 15.02.2025. The trial Court has also recorded that the petitioner remained absent from the year 2022, however, no proceedings for forfeiting the bail bonds were drawn against the petitioner. It is also contended that in other case in which the petitioner’s bail bonds were forfeited, the Co-ordinate Bench in S.B. Criminal Miscellaneous Bail Application [2025:RJ-JP:30448] (2 of 3) [CRLMB-6609/2025] No.6815/2025 dated 10.07.2025, has enlarged the petitioner on bail, subject to the condition that the petitioner shall appear before the Court on every date of hearing, therefore, considering the above facts the bail application of the petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the petitioner remained absent in trial since 2022 and the trial has been delayed due to absence of the petitioner, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. The order-sheets of the Court below reveals that the petitioner’s bail bond were forfeited on 15.02.2025. Although, the petitioner remained absent for almost 3 years from the proceedings of the trial, but considering the fact that in another case, in which also the petitioner’s bail bonds were forfeited, the Co-ordinate Bench has already enlarged, the petitioner on bail and also taking into account that the absence of the petitioner in the instant case is not so long, therefore, this Court deems it proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused petitioner- Harkesh @ Baniya S/o Kajoudiram @ Kajjoram, in connection with FIR No.341/2013, registered at Police Station Kherli, District Alwar, 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 for his [2025:RJ-JP:30448] (3 of 3) [CRLMB-6609/2025] appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. 7. 7. The accused-petitioner is also directed to mark his presence on 25th of every month before the concerned Police Station till conclusion of the trial. The SHO of the concerned Police Station is directed to maintain a regular register marking the presence of the accused petitioner and shall send the presence report of the accused petitioner on the same day to the concerned trial Court every month without any delay. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-94