[2025:RJ-JP:3321] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1014/2025 Manish Sharma @ Manish Pande S/o Shri Mukesh Sharma, Aged About 25 Years, R/o Bad Ki Dhani Prempura, Police Station Narayanpur District Kotputali-Baharoad (Raj.) (Presently Petitioner Confined In District Jail At Alwar). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Narsi Prasad Sharma, Adv. For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 23/01/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.245/2024, registered at Police Station Tahala, District Alwar, for the offence(s) under Sections 303(2) of B.N.S. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case, solely on the basis of disclosure statement of the other co-accused Roshan Lal from whom stolen bovine animals were recovered. It is contended that the statement of the co-accused is not admissible, apart from the statement of the co-accused, there are no other direct or indirect evidences indicating the fact that the accused-petitioner was involved in committing theft of the bovine animals, no recovery of any bovine animals were effected at the instance of [2025:RJ-JP:3321] (2 of 3) [CRLMB-1014/2025] the present accused-petitioner. The Court below has solely dismissed the bail application of the accused-petitioner on the ground of criminal history of the accused-petitioner. The other co- accused Muneem Bhadana has already been enlarged on bail, the accused-petitioner's case is on better footing then the case of the co-accused Muneem Bhadana, as from the possession of the co- accused Muneem Bhadana a vehicle carrying stolen bovine animals was recovered. The accused-petitioner is in custody since 10.12.2024 and trial of the case may take considerable time, therefore, the bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the grant of bail application and submitted the factual report. 4. Heard and perused the factual report. 5. As per the factual report, the recovery of stolen bovine animals were effected from the possession of co-accused Roshan Lal, no recovery of any stolen bovine animals were effected at the instance of the present accused-petitioner. The accused-petitioner is in custody since long and trial of the case may take considerable time, without expressing anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the bail application under Section 483 of B.N.S.S. is allowed and it is ordered that the accused-petitioner- Manish Sharma @ Manish Pande S/o Shri Mukesh Sharma, in connection with FIR No.245/2024, registered at Police Station Tahala, District Alwar, shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial [2025:RJ-JP:3321] (3 of 3) [CRLMB-1014/2025] Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. 7. 7. The accused-petitioner is also directed to mark his presence on 25th of every month till conclusion of trial before the concerned Police Station. The SHO of the concerned Police Station shall send the presence report of the accused-petitioner to the trial Court, every month. In case of any breach to the above condition, the learned Public Prosecutor shall be free to move the application against the petitioner for cancellation of the bail before the concerned Court. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-9