[2025:RJ-JP:33865] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8525/2025 Badri Mogya S/o Ratana Mogya, Aged About 58 Years, R/o Janakpura, Police Station Malpura, District Tonk (Raj.) (At Present Confined In Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 26/08/2025 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.47/2025, registered at Police Station Maujmabad, District Jaipur (Rural), for the offence(s) under Sections 331(4) and 305(A) of BNS. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that no recovery was affected from the possession of the petitioner, there is no evidence available on record to the fact that petitioner committed theft after entering into the house of the complainant, charge-sheet has already been submitted against the accused-petitioner. Prima facie no offence is made out against the petitioner under Sections 331(4) and 305(A) of BNS. It is contended that the Police officials have falsely implicated the [2025:RJ-JP:33865] (2 of 3) [CRLMB-8525/2025] accused petitioner solely on the ground of having criminal antecedents. The accused-petitioner is in custody since 30.04.2025 and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application. It is contended that the accused-petitioner is a habitual offender and against him 49 criminal cases are pending, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. In the charge-sheet, it is clearly mentioned that no recovery was affected at the instance of the petitioner as the petitioner clearly denied the information furnished under Section 27 of the Indian Evidence Act. There is no evidence to the fact that petitioner entered into the house of the complainant and thereby committed theft, therefore, considering the above facts, without expressing anything on the merits of the case, this Court deems it proper to enlarge the accused-petitioner on bail. 6. Accordingly, the instant bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused petitioner- Badri Mogya S/o Ratana Mogya, in connection with FIR No.47/2025, registered at Police Station Maujmabad, District Jaipur (Rural), 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 appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. [2025:RJ-JP:33865] (3 of 3) [CRLMB-8525/2025] 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 /-79