[2025:RJ-JP:28447] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7458/2025 1. Rohitash Gurjar S/o Indraj Gurjar, Aged About 29 Years, R/o Lujota, Police Station Nangal Choudhary, District Mahendragarh, Hariyana. (Presently The Accused Petitioner Is In Judicial Custody In District Jail Kotputali). 2. Rajesh @ Raju S/o Ramotar Gurjar, Aged About 28 Years, R/o Kuhada Ps Sarund District Kotputali Behrod, Rajasthan. (Presently The Accused Petitioner Is In Judicial Custody In District Jail Kotputali). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Manish Gupta For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 28/07/2025 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. 263/2024 registered at Police Station Sarund, District Kotputali-Behror for the offence punishable under Section 309(4) of the Bharatiya Nyaya Sanhita, (in short ‘BNS’) 2023. During the course of investigation, offence punishable under section 5/27 of Arms Act has also been added. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. It is submitted that no evidence is available on record to connect [2025:RJ-JP:28447] (2 of 3) [CRLMB-7458/2025] the petitioners with the alleged offence. It is submitted that trial will take considerable time in its conclusion. Counsel contends that petitioners are in custody since 11.02.2025 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 and submits that petitioners are habitual offenders as 11 other cases have been registered against petitioner- Rohitash Gurjar and 4 other cases have been registered against petitioner- Rajesh @ Raju. 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, material available on record in the form of case diary, filing of charge-sheet 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 the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioners– Rohitash Gurjar S/o Indraj Gurjar and Rajesh @ Raju S/o Ramotar Gurjar 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. [2025:RJ-JP:28447] (3 of 3) [CRLMB-7458/2025] 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 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 his 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. Office is directed to send copy of this order to the concerned SHO for necessary compliance. 11. 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 pcg/185