[2025:RJ-JP:38821] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10264/2025 Arif Mohammed S/o Kalu Kha, Aged About 36 Years, R/o Khandar Mohalla Dug, Police Station Dug, Distt. Jhalawar (Rajasthan) (At Present Confined At District Jail Jhalawar) ----Petitioner Versus State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Fahad Hasan Mr. Mohd Haris Mr. Aquif Khan For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 20/09/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 218/2025 registered at Police Station Kotwali, Jhalawar District Jhalawar for the offences under Section 406 of IPC. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the offences alleged against the accused- petitioner are exclusively triable by Magistrate. The accused- petitioner is in custody since 11.07.2025 and the trial of the case may take considerable time. The charge-sheet against the petitioner has already been submitted before the concerned court. Learned counsel further submits that cases shown against the [2025:RJ-JP:38821] (2 of 3) [CRLMB-10264/2025] petitioner pertains to Section 13 of RPGO and out of 28 cases most of the cases have already been disposed of, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application and contended that petitioner took loan from the finance company for purchasing a car, thereafter without returning the substantial part of the loan disposed of the said car. The accused-petitioner is a habitual gambler and since 2013, 28 cases have been registered against him, therefore, considering the allegations levelled in the present case and looking to the criminal conduct of the petitioner, his bail application deserves to be dismissed. 4. Heard and perused the material available on record. 5. Considering the arguments advanced by learned counsel for the parties and looking to the fact that the offences alleged against the accused-petitioner are exclusively triable by Magistrate. The cases shown against the petitioner pertains to Section 13 of RPGO. The accused-petitioner is in custody since 11.07.2025 and the trial of the case may take considerable time, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Arif Mohammed S/o Kalu Kha in connection with FIR No. 218/2025 registered at Police Station Kotwali, Jhalawar District Jhalawar 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 [2025:RJ-JP:38821] (3 of 3) [CRLMB-10264/2025] before the court concerned on all the dates of hearing and as and when called upon to do so. The concerned trial Judge shall verify the address and contact details of the sureties through concerned SHO before releasing the accused-petitioners on bail. 7. The accused is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned police station. The SHO of the concerned police station shall send the presence report of the accused petitioner on the same day to the trial court every month. 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. 8. The accused-petitioner is also directed to submit his present address along with the mobile number to the concerned SHO and the concerned SHO shall verify the said address and the mobile number. In case if the petitioner changes his address or mobile number, he shall submit the same before the concerned SHO so also before the concerned learned trial court. 9. A copy of this order shall be sent to the concerned SHO for its strict compliance. (PRAVEER BHATNAGAR),J ashu /70