HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 16172/2024 Shahrukh @ Dhadi S/o Habib Khan, Aged About 31 Years, R/o Near Tejaji Mandir, Anantpura, Police Station Nantpura Kota City, District Kota (Raj.). (Presently Confined At Sub Jail Bundi). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Ms. Supriya Rana Mr. Arvind Rana For Respondent(s) : Mr. Onkar Singh Rajpurohit, PP Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 09/01/2025 1. Petitioner has filed this bail application under Section 483 of BNSS. 2. F.I.R. No. 144/2024 was registered against the petitioner at Police Station Kotwali Bundi, District Bundi for the offence punishable under Section 392 of IPC. 3. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Counsel further submits that FIR was lodged against unknown person. Neither identification parade of the petitioner was conducted nor any stolen article has been recovered from the possession of the petitioner. Petitioner has been made accused solely on the basis that previously, 13 cases have been registered (2 of 3) [CRLMB-16172/2024] against him. The alleged offence is triable by magistrate. Petitioner is in custody since 21.10.2024 and trial will take considerable time. Further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by counsel for the petitioner. He further submits that petitioner is a habitual offender and 13 other cases have been registered against him and in 5 cases, he has been convicted. Thus, bail should not be granted. 5. I have considered the contentions. 6. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the parties, especially the fact that alleged offence is triable by magistrate; he is in custody since 21.10.2024 and trial will take time in its conclusion but without commenting anything on merits and demerits of the case, I deem it proper to allow the bail application. 7. This bail application is accordingly allowed and it is directed that accused-petitioner- Shahrukh @ Dhadi S/o Habib Khan 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 transferred, on all subsequent dates of hearing and as and when called upon to do so. 8. The observation made hereinabove is only for decision of the (3 of 3) [CRLMB-16172/2024] instant bail application and would not have any impact on the trial of the case in any manner. 9. It is made clear that the accused petitioner shall not involve in any other similar offence during currency of the bail and he shall mark his presence in first and third week of every month in the concerned police station. 10. 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 him by this Court. 11. The SHO concerned is directed to maintain a register recording attendance of the accused, as mentioned above. In case, the petitioner fails to mark his attendance as mentioned above, the SHO shall intimate the trial court immediately. (ANIL KUMAR UPMAN),J ANAND TANWAR /101