[2025:RJ-JP:35688] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11166/2025 Radheyshyam S/o Gulkandi, R/o Purani Chhawani, Police Station Sadar, District Dholpur, Raj. (Presently Confined At District Jail Dholpur). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Veerendra Singh Mr. Ankur Singh Tomar For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 04/09/2025 1. Instant application for bail is filed under Section 483 of BNSS by the petitioner-accused Radheyshyam S/o Gulkandi in FIR No.334/2025 dated 08.06.2025 registered at P.S. Kotwali Dholpur District - Dholpur, whereby the petitioner- accused has charged under Sections 303(2) of BNS and Section 4 and 21 of MMDR Act. 2. The petitioner was arrested and is in judicial custody since his arrest. The Court below has dismissed the bail application. 3. Learned counsel for the petitioner relying upon grounds raised in bail application submits that the petitioner is innocent and falsely implicated in the present case. Learned counsel for the petitioner submits that the offence is triable by magistrate and the petitioner accused was carrying stone [2025:RJ-JP:35688] (2 of 3) [CRLMB-11166/2025] masonry for his own use and there is no criminal antecedents against the petitioner accused. He undertake not to repeat the offence. He also submitted that the trial will take its own time and no purpose will be served by keeping the petitioner-accused in custody. 4. Aforesaid contentions were opposed by learned Public Prosecutor. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On basis of interception and search on 08.06.2025 by police, stone masonry was found in tractor No. RJ11RA9958 driven by the present petitioner accused and a case has been registered. The petitioner accused is in custody since 21.08.2025 and there is no criminal antecedents and the offence is triable by Magistrate. 7. Upon hearing the arguments and perusing the record, we have found that the petitioner-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the petitioner-accused. 8. Thus, the instant bail application filed on behalf of petitioner- accused is hereby allowed and the petitioner-accused Radheyshyam S/o Gulkandi is ordered to be released on bail upon furnishing a personal bond of ₹50,000/- with two [2025:RJ-JP:35688] (3 of 3) [CRLMB-11166/2025] sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The petitioner-accused shall not tamper with evidence or influence the witness in any manner. (ii) The petitioner-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iii) The petitioner-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the petitioner-accused shall be liable to be cancelled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J MR/180