[2025:RJ-JP:6738] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14975/2024 Sunil Kumar @ Bunty S/o Rajendra Kumar, R/o Village Bheempura, Police Station Kaithun, District Kota (Raj.). (At Present Accused Confined In District Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15380/2024 Ali Husain S/o Chhannu Bhai, R/o Lanka Talai, Julmi Road, Suket Thana Suket District Kota Rural Rajasthan. (At Present Confined At Central Jail Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent S.B. Criminal Miscellaneous Bail Application No. 1433/2025 Ashfaq S/o Chotu Khan, Aged About 20 Years, R/o Ward No. 3, Musalman Mohalla, Hanutiya, Police Station Suket, District Kota Rural (Rajasthan). (At Present Confined In Central Jail, Kota). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nirmal Kumar Sharma Mr. Abdul Kalam Khan Mr. Vidhut Kumar Gupta for Mr. Ajay Kumar Yaduvanshi For Respondent(s) : Mr. N.S. Dhakad, P.P. Mr. J.P. Tiwari, P.P. Mr. Rajpal Singh, C.I., P.S. Nayapura, Distt. Kota City HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 14 /02/2025 1. The instant bail applications have been filed under Section 483 of B.N.S.S. on behalf of the petitioners, who have been [2025:RJ-JP:6738] (2 of 4) [CRLMB-14975/2024] arrested in connection with F.I.R. No.431/2024, registered at Police Station Nayapura, District Kota City, for the offence(s) punishable under Section(s) 309(6) of B.N.S. 2. It is contended by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. Learned counsel submits that initially F.I.R. was registered for the offence(s) punishable under Section(s) 309(6) B.N.S./394 I.P.C. During the course of investigation, offences punishable under Sections 310(2) B.N.S./395 I.P.C., 310(4) B.N.S./399 I.P.C., 310(6) B.N.S./400 I.P.C., 317(3) B.N.S./412 I.P.C. & 317(4) B.N.S./413 I.P.C., were also added. Learned counsel further submits that it was found during the investigation that five persons committed robbery and three persons were also involved in the planning. Admittedly, three persons who allegedly committed dacoity, have not been identified by the complainant. Learned counsel further submits that the petitioners, namely Sunil Kumar @ Bunty & Ali Husain, were not identified by the complainant and petitioner, namely Ashfaq and other co-accused person- Ankit, were identified by the complainant in the Test Identification Parade. Learned counsel for the petitioners submits that only one silver coin & Rs.3,000/- have been recovered from the possession of the petitioner- Ashfaq. Charge-sheet has been filed in the matter & trial of the case will take considerable time to conclude. The petitioners are in judicial custody since the date of arrest. Thus, keeping the petitioners behind the bars till final disposal of the case, would not serve any fruitful purpose. [2025:RJ-JP:6738] (3 of 4) [CRLMB-14975/2024] 3. Learned Public Prosecutor opposed the submissions made by the learned counsel for the petitioners and submits that only two persons were identified by the victim during the course of Test Identification Parade and other 2-3 persons have not been identified. 4. Mr. Rajpal Singh, C.I., P.S. Nayapura, Distt. Kota City, is present in person before this Court. 5. I have considered the contentions. 6. Having regard to the totality of the facts & circumstances of the case; considering the arguments advanced by learned counsel for the petitioners; filing of charge-sheet; trial will take 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 filed on behalf of the petitioners. 7. The instant bail applications are accordingly allowed and it is directed that accused-petitioners – Sunil Kumar @ Bunty S/o Rajendra Kumar, Ali Husain S/o Chhannu Bhai & Ashfaq S/o Chotu Khan, shall be released on bail provided, each of them 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 each of them shall appear before that Court and any Court to which the matter is transferred, on all subsequent dates of hearing and as and when they are called upon to do so. 8. 8. It is made clear that the accused-petitioners shall not involve [2025:RJ-JP:6738] (4 of 4) [CRLMB-14975/2024] in any other offence(s) during currency of the bail and each of them shall mark their presence in 1st week of every month in the concerned Police Station. 9. Concerned S.H.O. is directed to maintain a register recording the attendance of the petitioners. In case the petitioners fail to mark their presence in the concerned Police Station, as directed above, the concerned S.H.O. is directed to immediately report the matter to the concerned Court in this regard. 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 the petitioners by this Court. 11. The observation(s) 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 SAHIL SONI /109-111