[2025:RJ-JP:12000] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1195/2025 Dilip Chouhan @ Bakser S/o Sunder Lal Chouhan, Aged About 30 Years, R/o Ward No. 1, Ramgarh Sethan, Police Station Ramgarh Sethan, District Sikar (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 2744/2025 Sachin Singh S/o Raju Singh, Aged About 20 Years, R/o Ward No. 24, Mominpura, Fatehpur, Police Station Kotwali, Fatehpur, District Sikar. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Dhruv Atri For Respondent(s) : Mr. Shriram Dhakad, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 18/03/2025 1. These instant bail applications have been filed under Section 483 of BNSS, on behalf of the petitioners, who have been arrested in connection with FIR No.165/2024 registered at Police Station Sindhi Camp, District Jaipur (West) (Raj.) for the offence punishable under Section 309(4) of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023. After completion of investigation, police filed charge-sheet in this matter for the offences punishable under Sections 309(4) & 3(5) of BNS. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. [2025:RJ-JP:12000] (2 of 3) [CRLMB-1195/2025] He submits that alleged incident took place on 01.12.2024 while matter was reported to the Police on 07.12.2024 after a delay of six days for which no proper explanation is available on record. It is submitted that alleged offences are triable by Magistrate. Counsel submits that entire recovery has already been made. Charge-sheet has been filed and trial of the case will take considerable time in its conclusion. Petitioners are in custody since 13.12.2024 and further custody of the petitioners would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioners. He submits that petitioners are habitual offenders as other cases have been registered against them. 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, material made available on record in the form of charge-sheet; alleged offences are triable by Magistrate; 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 these bail applications. 6. These bail applications are accordingly allowed and it is directed that accused-petitioners – 1.) Dilip Chouhan @ Bakser S/o Sunder Lal Chouhan & 2) Sachin Singh S/o Raju Singh shall be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand [2025:RJ-JP:12000] (3 of 3) [CRLMB-1195/2025] 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, till trial is concluded. 8. Concerned SHO is directed to maintain a register recording the attendance of the petitioners, as directed above. In case the petitioners fail to mark their 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 them by this Court. 10. The observation made herein above is only for decision of the instant bail applications and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /67-68