[2025:RJ-JP:28901] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 8862/2025 Mohammad Arif S/o Late Shri Kallu, Aged About 36 Years, R/o House No. 1580, Anargali Mohalla, Manoharpura, Mathura, Police Station Kotwali, Mathura (Uttar Pradesh). (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 9606/2025 Mohammad Aabad S/o Ibrahim, Aged About 60 Years, R/o Nakasa Mohlla, Satiya Bada Bas Haji Manga Building, Kosi Kalan, Police Station Kosi Kalan, District Mathura. At Present Tenant At The House Of Shakir Kureshi, Mewati Mohlla, Behind Hindustan Hotel, Mathura, Police Station Govind Nagar, Mathura Uttar Pradesh. (Presently Confined At Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 9607/2025 Mohmmad Shaukat Ali S/o Mohmmad Ajhar, Aged About 55 Years, R/o G-191, Gr Road, Third Floor Garden Reach, Police Station Garden Reach, District 24 Pargan Kolkata, West Bengal. Currently Tenant 10/g Topsiya Road, Kolkata 39 Police Station Tiljala District 24 Pargan Kolkata, West Bengal (Presently Confined At Central Jail, Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mohammad Aslam Mr. R.B. Sharma (Ganthola) For Respondent(s) : Mr. Tapesh Agarwal, PP [2025:RJ-JP:28901] (2 of 4) [CRLMB-8862/2025] HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 30/07/2025 1. The defect pointed out by the Registry in S.B.Cr. Misc. Bail Application No. 9606/2025 is over-ruled 2. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.29/2025 registered at Police Station Phulera (GRP Ajmer), District GRP Ajmer for the offences punishable under Sections 123, 305(C) of B.N.S. 3. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submits that the alleged offences are triable by Magistrate. Petitioners are in custody since the date of their arrest and trial will take considerable time. There are no criminal antecedent against the other accused petitioners Mohd. Aabad. So far as petitioner- Mohammad Arif is concerned, though there is one case registered against him but in that case, he is on bail. Further custody of the petitioners would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioners. He submits that the petitioner Mohd. Shaukat Ali is a habitual offender as six other cases have been registered against him. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned [2025:RJ-JP:28901] (3 of 4) [CRLMB-8862/2025] counsel for the petitioners especially the fact that the alleged offences are triable by Magistrate; charge-sheet has been filed in this matter and period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 7. These bail applications are accordingly allowed and it is directed that accused-petitioners-Mohammad Arif S/o Late Shri Kallu, Mohammad Aabad S/o Ibrahim and Mohmmad Shaukat Ali S/o Mohmmad Ajhar 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. 8. It is made clear that the accused-petitioners shall not involve in any other offence(s) during currency of the bail. The petitioner Mohammad Shaukat Ali shall mark his presence in second week of every month in the concerned police station whereas petitioner Mohammad Arif shall mark his presence once in three months in the concerned police station till conclusion of trial. 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. Concerned SHO is directed to maintain a register recording the attendance of petitioners Mohammad Shaukat Ali and [2025:RJ-JP:28901] (4 of 4) [CRLMB-8862/2025] Mohammad Arif. In case these petitioners fail to mark their presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 11. The observation made hereinabove is only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J pcg/317-319