[2025:RJ-JP:37946] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 11780/2025 Rakesh Singh @ Rauki S/o Puran Singh Rawat, Aged About 27 Years, R/o Village Ramaila Police Station Manchtawali, District Champawat Uttrakhand At Present R/o As A Khanabados, Jaipur City Rajasthan. (At Present Confined In Centre Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vinod Kumar Sharma, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 17/09/2025 1. The instant 2nd 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.237/2025, registered at Police Station Vaishali Nagar, District Jaipur Metropolitan West, for the offence(s) under Sections 305(a) and 331(4) of BNS. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is contended that the accused-petitioner is in custody since 01.07.2025, the charge-sheet has already been submitted and the matter is exclusively triable by Magistrate. It is further contended that there is no substantive evidence to establish that the petitioner committed theft in the house of the complainant and the petitioner [2025:RJ-JP:37946] (2 of 3) [CRLMB-11780/2025] has been implicated solely on the basis of recovery of Rs.77,000/- effected from his possession, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application and contended that the accused-petitioner is a habitual offender and against him 20 cases of similar nature were registered and if the petitioner is released on bail, there is every possibility that he may again indulge in such offences, therefore, the bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. It is not desirable to express anything on the merits of the case. Considering the arguments advanced by learned counsel for the petitioner and so also the fact that the matter is exclusively triable by Magistrate, trial of the case may take considerable time, therefore, this Court deems it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the instant second bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused petitioner-Rakesh Singh @ Rauki S/o Puran Singh Rawat, in connection with FIR No.237/2025, registered at Police Station Vaishali Nagar, District Jaipur Metropolitan West, 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. 7. The accused-petitioner is also directed to mark his presence on 25th of every month before the concerned Police Station till [2025:RJ-JP:37946] (3 of 3) [CRLMB-11780/2025] 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. 8. The accused-petitioner is also directed to submit his present address along with his mobile number to the concerned S.H.O. and the concerned S.H.O. shall verify the said address and the mobile number. The learned trial Judge shall also verify the address and the contact details of the surety through concerned S.H.O. before releasing the accused-petitioner on bail. 9. The petitioner shall not leave India without previous permission of the Court and he shall deposit his passport, if any, before the concerned Authority. In case of any breach of the aforementioned conditions, the learned Public Prosecutor shall be free to move the application against the accused-petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-25