[2025:RJ-JP:6366] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12928/2024 Mahesh Kumar S/o Shimbhudayal, Aged About 34 Years, R/o Naiyon Ki Dhani, Abhaneri, Police Station Sikandara, District Dausa (Raj.) (At Present Petitioner Confined In District Jail Dausa, District Dausa). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 13445/2024 Heera Lal S/o Lalluram, Aged About 35 Years, R/o Modal Dhani, Abhaneri, Police Station Bandikui, District Dausa, At Present Petrol Pump Ke Pichhe, Bhandarej, Police Station Sadar Dausa, District Dausa (Raj.) (At Present Accused Petitioner Is Confined In District Jail Dausa). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 15458/2024 Dayaram @ Kalu S/o Gandaram, Aged About 35 Years, R/o Meenapara, Police Station Baijupada, District Dausa (Raj.) (At Present Confined In District Jail, Dausa). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 993/2025 Rajendra Kumar @ Raju S/o Vishambhardayal, Aged About 25 Years, R/o Near To Panchayat Bhawan, Manpur, Police Station Manpur, District Dausa (Raj.) (At Present Confined To District Jail Dausa). ----Petitioner Versus [2025:RJ-JP:6366] (2 of 4) [CRLMB-12928/2024] State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Seema Moyal Mr. Shashank Shekhar Pancholi for Mr. Rishi Kumar Sharma Mr. Vishram Prajapati Mr. Kapil Sharma For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 13/02/2025 1. These bail applications have been filed under Section 483 of BNSS on behalf of the petitioners, who have been arrested in connection with FIR No.351/2024 registered at Police Station Sadar Dausa, District Dausa (Rajasthan) for the offences punishable under Sections 310(2) & 311 of BNS. Later on, police file charge-sheet in this matter for the offences punishable under Sections 310(2), 311 & 61(2)(a) of BNS. 2. Learned counsel for the petitioners submit that petitioners have falsely been implicated in this case. Counsel submits that according to the FIR, there is allegation against the petitioners that on 16.09.2024, when victim was going to his home from Dausa on his motorcycle and when he reached near the Kharandi River petrol pump, a car came and stopped him by parking it in front of his motorcycle and 6-7 people came out and forcibly snatched his mobile, 15,000/- rupees and key of his motorcycle and beat him with sticks (lathi and danda). Counsel submits that on these facts, FIR was registered and investigation was [2025:RJ-JP:6366] (3 of 4) [CRLMB-12928/2024] commenced. Counsel submits that during investigation, without any evidence, arrest of the petitioners was made. Counsel submits that during the course of investigation, identification parade was conducted but complainant failed to identify the petitioner Rajendra and co-accused Hansram. Counsel submits that petitioner Dayaram was rightly identified by the complainant. Counsel submits that there are one criminal antecedents against the petitioners and in those cases they are on bail. Counsel submits that now after completion of investigation, police has filed charge-sheet in this matter. Petitioners Mahesh Kumar & Heera Lal are in custody since 08.10.2024 and petitioners Dayaram @ Kalu & Rajendra Kumar @ Raju are in custody since 09.10.2024 & 03.12.2024 respectively and trial will take considerable time in its conclusion. Further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for the complainant vehemently opposes the submissions made by counsel for 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 material available on record in the form of charge-sheet as well as case diary; period of custody and trial will take considerable time in its conclusion, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow these bail applications. 6. These bail applications are accordingly allowed and it is [2025:RJ-JP:6366] (4 of 4) [CRLMB-12928/2024] directed that accused-petitioners (1) Mahesh Kumar S/o Shimbhudayal, (2) Heera Lal S/o Lalluram, (3) Dayaram @ Kalu S/o Gandaram & (4) Rajendra Kumar @ Raju 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 in first week of every month in the concerned police station. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners. 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 /82-85