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[2025:RJ-JP:2143] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15174/2024 Anil S/o Late Sahab Singh, Aged About 30 Years, R/o Ikran, Police Station Chiksana, District Bharatpur (Rajasthan) (At Present Confined In District Jail Alwar) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Girish Khandelwal For Respondent(s) : Mr. Tapesh Agarwal, PP HON'BLE MR. JUSTICE SUDESH BANSAL Order 16/01/2025
1. This bail application has been filed by petitioner under Section 483 of B.N.S.S. in connection with FIR No.485/2023 registered at Police Station Kathumar, District Alwar for offence(s) under Sections 323, 395, 382 and 458 of IPC. 2. Counsel for petitioner states that the co-accused Rahul, who is named in the FIR has been released on bail by this Court vide order dated 18.03.2024 in S.B. Criminal Misc. Bail Application No. 1305/2024 and as per allegations made in the FIR, complainant herself stated that three persons entered in her house with covered face. However, in the identification parade, petitioner has been stated to be identified by the complainant. It has been argued that the case of petitioner is not differentiable than the co-accused Rahul and as far as other previous cases are concerned, same are not of similar offence and therein petitioner has already been enlarged on bail. Further, petitioner undertakes not to repeat the same offence. It has been submitted that petitioner is in custody since 17.11.2024 and investigation against the petitioner is complete, therefore, he may be released on bail. [2025:RJ-JP:2143] (2 of 2) [CRLMB-15174/2024]
3. Learned Public Prosecutor, with assistance of Investigation Officer, has opposed the bail application. 4. Having heard learned counsel for petitioner as well as learned public prosecutor and on perusal of the material available on record, in view of the fact that petitioner is not named in the FIR and other co-accused Rahul, who is named in the FIR has already been released on bail; petitioner is in custody since 17.11.2024, but without commenting on merits of the case, this Court deems it just and proper to release petitioner on bail. 5.
Accordingly, the bail application is allowed and it is ordered that accused-petitioner Anil S/o Late Sahab Singh shall be released on bail provided, he furnishes a personal bond in the sum of Rs.50,000/- each with two sureties of Rs.25,000/- to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so. 6. In addition, keeping in mind the previous pendency of cases against the petitioner, it is directed that he shall not repeat the similar offence and would mark his presence before the concerned Police Station in the first week of every two months. The concerned SHO shall record his presence in the Rojnamcha. 7. In case, petitioner is found involved in similar offence, during bail granted by this Court or breach of this condition is reported or come to the notice of the Court, the same shall be a reason for the trial Court to cancel the bail, granted by this Court. (SUDESH BANSAL),J NITIN /7