[2025:RJ-JP:2530] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14430/2024 1. Sattar @ Sameer S/o Shri Jamil, Aged About 28 Years, R/o 11 Kisan Colony, Tejaji Ka Bada, Sanganer, Police Station Malpura Gate, Jaipur East. (Accused Petitioner Presently Confined In Central Jail Ajmer). 2. Mohammad Kaif @ Honney @ Rehan S/o Shri Mohammad Rafiq, Aged About 24 Years, R/o House No. 66, Husain Colony, Opposite Kohinoor, Sanganer, Police Station Malpuragate, Jaipur East, (Accused Petitioner Presently Confined In Central Jail Ajmer). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Anirudh Tyagi Mr. Hemant Kumar Singh For Respondent(s) : Mr. N.S. Dhakar, PP Mr. Prahlad Sharma Mr. Khem Singh Rajawat HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/01/2025 1. This instant bail application has been filed under Section 483 of BNSS., on behalf of the petitioners, who have been arrested in connection with FIR No.257/2024 registered at Police Station Tunga, District Jaipur City (East) (Raj.) for the offences punishable under Sections 115(2), 126(2), 3(5) & 303(2) of BNS. Later on, police filed charge-sheet for the offences punishable under Sections 115(2), 126(2), 110, 117(2), 191(2), 191(3) & 61(2)(b) of BNS. [2025:RJ-JP:2530] (2 of 3) [CRLMB-14430/2024] 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Learned counsel submits that as per the statement of victim recorded under Section 180 BNSS (Section 161 Cr.P.C.), she could not see/identify the assailants as they had muffled their faces. He submits that arrest of the petitioners have been made solely on the basis of previous criminal record as the accused petitioners have been previously found involved in some cases. It is submitted that grievous injuries, sustained to the injured, have been found on the non-vital part of the body. Petitioners are in custody since their date of arrest. Charge-sheet has been filed & trial of the case will take considerable time. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by learned counsel for the petitioner. They submit that petitioners are hardcore criminal as 12 other cases have been registered against them. 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 investigation has been completed, charge sheet has been filed, injuries sustained to the injured were found on the non-vital part of the body; the petitioners are in custody since 30.10.2024 and trial will take time in its conclusion but without commenting anything on the merits/demerits of the case, I deem it proper to allow the bail [2025:RJ-JP:2530] (3 of 3) [CRLMB-14430/2024] application. The observations made hereinabove is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. 6. This bail application is accordingly allowed and it is directed that accused-petitioners – 1) Sattar @ Sameer S/o Shri Jamil, & 2) Mohammad Kaif @ Honney @ Rehan S/o Shri Mohammad Rafiq 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 1st & 15th day in every month in the concerned police station. 8. 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 GAUTAM JAIN /126