Bail may be granted in robbery cases where no Test Identification Parade was conducted and previous criminal records are old and already bailed, subject to strict conditions to prevent law and order disturbances.

Order

1. The petitioner has preferred this bail application under Section 483 of BNSS in FIR No.231/2024 registered at Police Station Sikri, District- Deeg for offences under Section 392 of IPC, 1860.

2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.

3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that though allegations have been made against the present petitioner regarding the commission of the robbery but no Test Identification Parade has been conducted. The petitioner is behind the bars since 05.12.2025 though 17 cases have been reported against petitioner but they pertains to year 2009 to 2016 in which he is already bailed out. The charge-sheet has already been filed. The trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, consequently, the bail application deserves to be allowed.

4. Learned Public Prosecutor has vehemently opposed the bail application and submit that the petitioner is a habitual offender and if released on bail there is a risk to the law and order of the district.

5. On consideration of the rival submissions and material available on record and in the light of submission made by learned counsel for the petitioner but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner.

6. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner- Misruf

S/o Fajjar be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court on all subsequent dates of hearing till conclusion of the trial with following further conditions:-

(i) That during the conclusion of the trial, the petitioner “shall not enter or reside within the jurisdiction of the district where the case is pending except for attending Court proceeding and that too with prior intimation to the Investigating Officer” and shall mark his presence before the concerned police station where he begins to reside in every 15 days of each month.

(ii) The concerned SHO is directed to maintain a register for this purpose. 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 trial court in this regard.

(iii) that the petitioner shall not repeat any such offence in future.

(iv) If breach of any of the directions is reported or come to the notice of the trial court the same shall alone be a reason for learned Public Prosecutor to apply for cancellation of bail.