[2025:RJ-JP:6357] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 1435/2025 Ramraj S/o Panchuram, Aged About 56 Years, R/o Village Basani, Police Station Hindoli, Distt. Bundi (Raj.) (At Present Accused Petitioner Confined In District Jail Bundi) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vijendra Yadav, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 13/02/2025 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.257/2024, registered at Police Station Hindoli, District Bundi, for the offence(s) under Section 379 of IPC and Section 4/21 of the M.M.D.R. Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. Admittedly, at the place of occurrence the accused-petitioner was not found with the vehicles. There is no evidence to the fact that the accused-petitioner was illegally excavating the Government land. Apart from the one police officials, there are no independent witnesses that the petitioner was involved in illegal mining. At the time of occurrence the accused-petitioner was in custody in another FIR No.254/2024 registered at Police Station Hindoli [2025:RJ-JP:6357] (2 of 3) [CRLMB-1435/2025] District Bundi for the offences under Sections 341, 323, 307, 392, 394, 143, 333, 332, 353 read with Section 3/25 of the Arms Act. The accused-petitioner is behind the bars since 19.12.2024, the offences are exclusively triable by Magistrate and the 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. It is contended that from the Government land, the petitioner vehicles JCB along with tractor was found and it was found that the Government land was illegally excavated. It is also contended that the accused-petitioner is a habitual offender and against him 16 cases have been registered under various offences, therefore considering the criminal antecedents of the accused- petitioner, the bail application may be dismissed. 4. Heard and perused the material available on the record. 5. Admittedly, the accused-petitioner was not at the place of illegal mining. The accused-petitioner was in Jail when the recovery of his JCB and tractor was effected, there is no independent witnesses to the fact that the accused-petitioner was excavating the Government land, therefore, considering the above facts and also taken into consideration the charge-sheet has already been produced, the matter is exclusively triable by Magistrate and the trial of the case may take considerable time, therefore, 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- Ramraj S/o Panchuram, in connection with FIR No.257/2024, [2025:RJ-JP:6357] (3 of 3) [CRLMB-1435/2025] registered at Police Station Hindoli, District Bundi, 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 Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. 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 /275