[2025:RJ-JP:6625] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15752/2024 Suresh Kumar Bairwa S/o Late Sh. Kanaram Bairwa, Aged About 35 Years, R/o 50/2, Ramniwas Ki Gali, Jhalana Village, Malviya Nagar, Jaipur (Raj.). (At Present Confined In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar For Respondent(s) For Complainant(s) : : Mr. N.S. Dhakar, PP Mr. Sunil Khanna HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 14/02/2025 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.389/2024 registered at Police Station Malviya Nagar, District Jaipur City (East) for the offences punishable under Sections 189(2), 126(2) & 115(2) of the Bharatiya Nyaya Sanita, (in short ‘BNS’), 2023. Later on, police filed charge-sheet in this matter for the offences punishable under Sections 126(2), 115(2), 110 & 117(2) of BNS, 2023. 2. It is contended by learned counsel for the petitioner that petitioner has falsely been implicated in this case. It is submitted that on account of property dispute, present FIR has been lodged against the petitioner. Counsel submits that all injuries are simple in nature except one grievous injury which is on the non-vital part of the body. Charge-sheet has been filed & trial of the case will [2025:RJ-JP:6625] (2 of 3) [CRLMB-15752/2024] take considerable time in its conclusion. Petitioner is in custody since 16.11.2024 and further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor assisted by learned counsel for complainant vehemently opposes the submissions made by the learned counsel for the petitioner. They submit that there is allegation against the petitioner of causing injury on the person of the injured. They further submit that petitioner is a habitual offender as 13 other cases have been registered against him. 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 considering the material made available in the form of charge-sheet & nature of injuries; trial will take considerable time in its conclusion as well as looking to the custody period, but without commenting anything on the merits/demerits of the case, I deem it proper to allow this bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioner – Suresh Kumar Bairwa S/o Late Sh. Kanaram Bairwa shall be released on bail provided, he 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 he shall appear before that Court and any Court to which the matter is [2025:RJ-JP:6625] (3 of 3) [CRLMB-15752/2024] transferred, on all subsequent dates of hearing and as and when called upon to do so. 7. However, it is made clear that the petitioner shall not involve in similar offence(s) during currency of bail granted by this Court. The petitioner is further directed to mark his presence in the concerned police station in first week of every month, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioner, as directed above. In case the petitioner fails to mark his presence in the concerned police station, as directed above, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 9. If breach of any 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 petitioner by this Court. 10. The observation made herein above is only for decision of the instant bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /365