[2025:RJ-JP:50527] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 16285/2025 Aashik S/o Habbi @ Habib, Aged About 28 Years, R/o Sadanka Bas Lalpur, Police Station Kaman, District Deeg (Rajasthan). (At Present Confined In District Jail, Deeg) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mohd. Shakir Khan For Respondent(s) : Mr. Sudesh Saini, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 15/12/2025 1. The instant third bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 326/2024 registered at Police Station Kama, District Deeg for the offence(s) under Sections 143 and 336 of IPC and Sections 3 and 8 of Rajasthan Bovine Animal (Prohibition of Slaughter and Regulation of Temporary Migration or Export) Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. The second bail application of the accused-petitioner was dismissed vide order dated 20.09.2025 with the liberty to file afresh after recording of the statement of complainant Rameshwar and witnesses Niranjan, Rohitash, Ramavtar and Ramveer. The trial court has recorded the statement of PW-1 Niranjan, PW-2 [2025:RJ-JP:50527] (2 of 3) [CRLMB-16285/2025] Rohitash, PW-3 Ramveer and PW-4 Rameshwar. All the witnesses in their deposition has not mentioned the name of the present petitioner. It is also contended that though this court recorded the name of witness Ramavtar in its order dated 20.09.2025, however order sheet dated 27.10.2025 of the trial court has recorded that no such witness exist in the witness list. It is also contended that petitioner is behind the bar since long and apart from the eye- witnesses there is no other substantive evidence available on the record alleging petitioner's involvement in the alleged crime, therefore considering the above facts, the third bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application and contended that petitioner is a habitual offender and against him five criminal cases under various offences have been registered, therefore, the third bail application of the accused-petitioner deserves to be dismissed. 4. Heard and perused the material available on the record. 5. Considering the arguments advanced by the learned counsel for the petitioner so also the statement of eye witnesses, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioner on bail. 6. Accordingly, the third bail application under Section 483 BNSS is allowed and it is ordered that the accused-petitioner Aashik S/o Habbi @ Habib, in connection with FIR No. 326/2024 registered at Police Station Kama, District Deeg shall be enlarged on bail provided he furnishes personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the [2025:RJ-JP:50527] (3 of 3) [CRLMB-16285/2025] satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing and as and when called upon to do so. The concerned trial Judge shall verify the address of accused-petitioner and contact details of the sureties through concerned SHO before releasing the accused-petitioner on bail. 7. The accused 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 on the same day 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. 8. The accused-petitioner is also directed to submit his present address along with the mobile number to the concerned SHO within seven days of release and the concerned SHO shall verify the said address and the mobile number. In case if the petitioner changes his address or mobile number, he shall submit the same before the concerned SHO so also before the concerned learned trial court. 9. A copy of this order shall be sent to the concerned SHO for its strict compliance. (PRAVEER BHATNAGAR),J ashu /17