[2025:RJ-JP:1088] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 10739/2024 Ramphool Bawariya @ Kutya S/o Shri Ramchandra, R/o Khaniya Khora Meena Mata Ji Ke Mandir Ke Samne At Present Babriya Kacchi Bassti, Basdi Mukandpura Road, Bhankrota, Police Station Bhankrota, Jaipur (Raj.) (At Present Accused Confined In District Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 14132/2024 Surgyan Bavariya @ Jaan S/o Ramkaran, Aged About 24 Years, R/o Sarkaari School Ke Paas, Basdi, Kachchi Basti Basti, Mukundpura Road, Police Station Bhankrota, Jaipur. (At Present Petitioner Confined In Central Jaipur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rahul Agrawal Mr. M.S. Choudhary For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/01/2025 1. The instant bail application has been filed under Section 483 of BNSS, on behalf of the petitioner, who has been arrested in connection with FIR No.176/2024 registered at Police Station Amer, District Jaipur City (North) (Raj.) for the offence punishable under Sections 323, 380, 328, 458 & 34 of IPC. Later on, police [2025:RJ-JP:1088] (2 of 3) [CRLMB-10739/2024] s filed charge-sheet in this matter for the offences punishable under Sections 323, 328, 394, 458 & 34 of IPC. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submits that it appears from the FIR that alleged offence was committed by the unknown person and despite this, no identification parade has been conducted by the investigating agency. Counsel submits that no evidence is available on record which connect petitioners with the alleged crime. Counsel submits that mere recovery of earrings after three months of the alleged incident is not enough to connect the petitioners with the alleged crime. Counsel submits that pendency of other cases cannot be the sole ground to refuse the bail applications. Petitioners are in custody since 30.07.2024 and trial will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the counsel for the petitioner. He submits that petitioners are habitual offenders and there are several other cases have been registered against the petitioners. 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; as also the fact that charge-sheet has been filed in this matter; looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow these bail applications. [2025:RJ-JP:1088] (3 of 3) [CRLMB-10739/2024] s 6. These bail applications are accordingly allowed and it is directed that accused-petitioners Ramphool Bawariya @ Kutya S/o Shri Ramchandra & Surgyan Bavariya @ Jaan S/o Ramkaran 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. 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 on first week of every month in the concerned police station. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner. In case the 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. 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. (ANIL KUMAR UPMAN),J LALIT MOHAN /59-60