[2025:RJ-JP:11759] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2754/2025 1. Makdul Damae S/o Ane Damae, Aged About 40 Years, R/o Village Athbiskoth Nagar Palika -9, Police Station Radi Bazar, District Rukum West Nepal (At Present Confined In Centre Jail Jaipur) 2. Dan Bahadur Bohra S/o Dhanraj Bohara, Aged About 30 Years, R/o Village Lalu Ward No. 09, Narharinath, Police Station Khulalu District Kalikot State Karnali (Nepal) (At Present Confined In Centre Jail Jaipur). ----Petitioners Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vinod Kumar Sharma For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 17/03/2025 1. The bail application under Section 483 of BNSS has been filed, on behalf of the petitioners, who have been arrested in connection with FIR No.25/2025 registered at Police Station Gandhi Nagar (Jaipur City (East)), District Jaipur City (East), Raj. for the offences punishable under Sections 309(6), 331(6) & 3(5) of the Bharatiya Nyaya Sanhita (in short ‘BNS’), 2023. 2. It is contended by learned counsel for the petitioners that the accused-petitioners have falsely been implicated in this case. Counsel submits that petitioners were not present at the place of incident and maximum allegation against them is that they helped the co-accused persons in escaping. It is submitted that alleged [2025:RJ-JP:11759] (2 of 3) [CRLMB-2754/2025] offences are triable by Magistrate. There are no criminal antecedents against the petitioners and trial will take considerable time in its conclusion. Petitioners are in custody since 29.01.2025 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 and submits that petitioners are resident of Nepal therefore, they are at flight risk. 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 both the parties, material made available on record in the form of case diary, so also considering the role attributed to the petitioners, alleged offences are triable by Magistrate and trial will take time in its conclusion; absence of criminal antecedents 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 the bail application. 6. This bail application is accordingly allowed and it is directed that accused-petitioners – 1) Makdul Damae S/o Ane Damae and 2) Dan Bahadur Bohra S/o Dhanraj Bohara, 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 they shall appear before that Court and any court to which the matter is transferred, on all subsequent [2025:RJ-JP:11759] (3 of 3) [CRLMB-2754/2025] 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 second 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 application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J GAUTAM JAIN /163