[2025:RJ-JP:11008] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3292/2025 Ankesh Gupta S/o Kaluram Gupta, Aged About 44 Years, R/o House No. 11, Nandpuri Colony, Purana Ramgarh Road, Amer Road, Ps Brahmpuri Jaipur (Rajasthan). (Presently Confined In Central Jail, Jaipur) ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Martand Pratap Singh For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 11/03/2025 1. The instant bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.379/2024 registered at Police Station Vishwkarma, District Jaipur (West) for the offence punishable under Section 303(2) of BNS. Investigation is being conducted in this matter for the offences punishable under Sections 303(2), 111 & 317(2) of BNS. 2. It is contended by learned counsel for the petitioner that the accused-petitioner has falsely been implicated in this case. Learned counsel submits that offence punishable under Section 111 of BNS is not made out against the petitioner & same has been added only to make the offences triable by Court of Sessions. He submits that except offence punishable under [2025:RJ-JP:11008] (2 of 3) [CRLMB-3292/2025] Section 111 of BNS, all other offences are triable by Magistrate. It is submitted that he has been booked simultaneously in other criminal cases & in one case benefit of bail has been granted to the petitioner. Counsel submits that other co-accused persons of this case have been granted benefit of bail by this court. Petitioner is in custody since his date of arrest & trial of the case will take considerable time in its conclusion. Further custody of the petitioner would not serve any fruitful purpose. 3. Learned Public Prosecutor opposes the submissions made by the learned counsel for the petitioner. She submits that petitioner is a habitual offender as several cases have been registered against him. 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 petitioner, as also the fact that except offence punishable under Section 111 of BNS, all other offences are triable by Magistrate; trial will take time in its conclusion as well as looking to the period of custody, 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-petitioner - Ankesh Gupta S/o Kaluram Gupta shall be released on bail provided he 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 [2025:RJ-JP:11008] (3 of 3) [CRLMB-3292/2025] with the stipulation that he 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-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his 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 petitioner, as directed above. In case the petitioner fails to mark his 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 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 him by this Court. (ANIL KUMAR UPMAN),J GAUTAM JAIN /365